contract documents for construction of meadows at …

CONTRACT DOCUMENTSFOR CONSTRUCTION OF

Meadows at Buda Lift Station Improvements

JUNE 2019Issued for Bid

1251 Sadler DriveBuilding One, Suite 1150San Marcos, Texas 78666FNI Project No. BUA19270

Freese and Nichols, Inc.Texas Registered Engineering Firm F-2144

Table of Contents 00 01 10 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 01 10 TABLE OF CONTENTS

Section TitleDivision 00 Procurement and Contracting Requirements00 01 01 Project Cover Sheet00 01 10 Table of Contents00 11 16 Invitation to Bid00 21 13 Instructions to Offerors00 41 13 Bid Form00 41 16 Bid Form Exhibit A00 43 13 Bid Bond00 45 01 Nonresident Bidders00 45 02 Non-Collusion Certification00 45 03 Conflict of Interest Questionnaire00 45 04 State Sales Tax Requirements00 45 13 Qualifications Statement00 52 13 Agreement00 61 13 Performance Bond00 61 16 Payment Bond00 72 00 General Conditions00 73 00 Supplementary Conditions00 73 16 Insurance Requirements00 73 17 Texas Workers’ Compensation Insurance00 73 43 Wage Rate Requirements00 73 46 Wage Determination Schedule

Division 01 General Requirements01 11 00 Summary of Work01 26 00 Change Management01 29 00 Application for Payment Procedures01 29 01 Measurement and Basis for Payment01 31 00 Project Management and Coordination01 31 13 Project Coordination01 33 00 Document Management01 33 02 Shop Drawings01 33 03 Product Data01 33 04 Operation and Maintenance Data01 33 05 Construction Progress Schedule01 33 06 Graphic Documentation01 35 00 Special Procedures01 40 00 Quality Management01 50 00 Temporary Facilities and Controls01 57 00 Temporary Controls

Table of Contents 00 01 10 - 2BUA19270 – Meadows at Buda Lift Station Improvements

Section Title01 60 00 Product Requirements01 70 00 Execution and Closeout Requirements01 74 23 Final Cleaning01 75 00 Starting and Adjusting

Division 02 Site Construction 02 96 00 Temporary Bypass Pumping

Division 09 Finishes09 96 00.01 High-Performance Coatings

Division 22 Plumbing22 10 00.01 Miscellaneous Piping and Appurtenances

Division 31 Earthwork31 23 23.34 Flowable Fill

Division 33 Utilities33 05 01.02 Ductile Iron Pipe and Fittings

COA Applicable City of Austin Standard Specifications511S Water Valves609S Native Grassland Seeding and Planting for Erosion Control

Appendix A Job Estimate for Owner Provided Materials

Project Drawings

END OF SECTION

Invitation to Bid 00 11 16 - 1BUA19270 – Meadows at Buda Lift Station Improvements

P00 11 16 INVITATION TO BID

Sealed Bids, pursuant to Local Government Code Chapter 252, will be received for Project IFB 19-012 the Meadows at Buda Lift Station Improvements construction project by the City of Buda – Finance Department, 405 E. Loop Street, Buda, Texas until 2:00 PM local time on July 25, 2019. Immediately thereafter, the bid proposals will be publicly opened and read aloud in Multi-Purpose Room #1034 located at 405 E. Loop Street, Buda, Texas.

The project includes construction of miscellaneous rehabilitation, coatings and improvements at a wastewater lift station. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items (if included) as indicated in the Bid Form.

The Issuing Office for the Bidding Documents is: City of Buda – Finance Department, 405 E. Loop Street, Buda, Texas, Texas 78610, Rosemary Esparza, Purchasing Manager. (512) 523-1015 [email protected]. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:00 AM to 5:00 PM, and may obtain copies of the Bidding Documents from the Procurement Website as described below.

Bidding Documents may be viewed and ordered online by registering with the Procurement Website as described at http://ci.buda.tx.us/137/Purchasing. The City of Buda has partnered with BidNet as part of the Texas Purchasing Group and will post bid opportunities to this site. Prospective Bidders must register with the Procurement Website as a plan holder, even if the Contract Documents are obtained from a plan room or other site. The documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download does not confer a license or grant permission or authorization for any other use. Authorization to download documents includes the right for Bidders to print documents for their sole use, provided they pay all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

All official notifications, addenda, and other documents will be offered only through the Procurement Website. The Procurement Website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project.

The cost of printed Bidding Documents from the Procurement Website will depend on the number and size of the Drawings and Project Manual, applicable taxes, and shipping method selected by the prospective Bidder. Cost of Bidding Documents and shipping is non-refundable. Upon Issuing Office’s receipt of payment, printed Bidding Documents will be sent via the prospective Bidder’s delivery method of choice; the shipping charge will depend on the shipping method chosen. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the Bidder’s date of receipt of the Bidding Documents. Partial sets of the Bidding Documents will not be available from the Procurement Website.

A pre-bid conference will be held at 2:00 PM local time on July 12, 2019 at the City Hall Chamber, 405 E. Loop Street, Buda, Texas. Attendance at the pre-bid conference is highly encouraged, but is not mandatory.

Bid security shall be furnished in accordance with the Instructions to Bidders.Owner: City of BudaBy: John Nett, P.E.Title: City EngineerDate: July 3, 2019

END OF SECTION

mailto:[email protected]

http://ci.buda.tx.us/137/Purchasing

http://www.texasbidsystem.com/City-of-Buda.asp?AgencyID=2465&PageType=open

Instructions to Offerors 00 21 13 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 21 13 INSTRUCTIONS TO OFFERORS

ARTICLE 1 – DEFINED TERMS

1.01 The terms used in these Instructions to Offerors have the meanings assigned to them in the General Conditions and Supplementary Conditions.

ARTICLE 2 – RECEIPT OF BIDS

2.01 Refer to Section 00 11 16 “Invitation to Bid” for information on receipt of Bids.

ARTICLE 3 – COPIES OF CONTRACT DOCUMENTS

3.01 Obtain a complete set of the Contract Documents as indicated in Section 00 52 13 “Agreement.”

3.02 Use complete sets of Contract Documents in preparing Bids. Offeror assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

3.03 Owner makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use.

ARTICLE 4 – QUALIFICATIONS STATEMENT

4.01 Submit information as required in Section 00 45 13 “Qualifications Statement” within 5 days of the date Bids are due if requested to do so by the Owner.

ARTICLE 5 – EXAMINATION OF THE CONTRACT DOCUMENTS AND THE SITE

5.01 Examine the Contract Documents, the Site, and other information readily available before submitting a Bid.

A. Examine the Contract Documents and supplemental data:

1. Carefully study the Contract Documents.

2. Carefully study supplemental information, including Technical Data, record drawings from previous projects, available utility maps, reports, and studies referenced or made available to the Offeror.

3. Promptly notify the Construction Manager of all conflicts, errors, ambiguities, or discrepancies that the Offeror discovers in the Contract Documents, Addenda, and supplemental information.

4. Determine that the Contract Documents, Addenda, and supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work to the degree necessary to prepare a Bid for the Project.

5. Make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents, and consider these in preparation of a Bid for the Project.


B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work.

C. Visit the Site to become familiar with any general, local, or Site conditions that may affect the cost, progress, or performance of the Work in any manner. The Site is generally accessible to the public. Coordinate access to private property through the Owner. A tour of the Site will be conducted at the pre-bid conference.

D. Subsurface exploration is not allowed.

E. Subsurface exploration using a backhoe, drilling rig, or other equipment can be done, providing the following procedures are followed:

1. Contact the following individual to coordinate the details for the subsurface exploration:

Blake NeffendorfCity of [email protected]

2. Backfill excavation with material acceptable to the Owner and process backfill to prevent future settling.

3. Pay all costs for soils investigation including the cost for excavation, backfill, access, and testing.

F. The submission of a Bid will constitute an incontrovertible representation by the Offeror that the Offeror has complied with every requirement of this Article, and that without exception the Bid is premised on the following:

1. Work will be completed in accordance with the Contract Documents for the Contract Price within the Contract Times;

2. Offeror has given the Construction Manager written notice of all conflicts, errors, ambiguities, and discrepancies that the Offeror has discovered in the Contract Documents, Addenda, and the related supplemental data;

3. Written resolutions provided by the Construction Manager are acceptable to the Offeror; and

4. Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A non-mandatory pre-bid conference will be held at the time and location indicated in Section 00 11 16 “Invitation to Bid.”

ARTICLE 7 – INTERPRETATIONS AND ALTERNATE BIDS

7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Construction Manager using the procurement website as indicated in Section 00 11 16 “Invitation to Bid.”


7.02 Submit any offer of alternate terms and conditions or offer of Work not in strict compliance with the Contract Documents to the Construction Manager no later than 10 days after the date Project is advertised. Construction Manager and Design Professional will issue Addenda as appropriate if any of the proposed changes to the Contract Documents are accepted. A Bid submitted with clarifications or taking exceptions to the Contract Documents, except as modified by Addenda, will be considered non-responsive.

7.03 Offeror may submit a separate and additional Bid if the Offeror includes exceptions or the Offeror wishes to make a Bid that is not in accordance with the terms and conditions of the Contract Documents, or for Work that is not in strict compliance with the Contract Documents. Describe the intent and substance of the changes in the additional Bid in adequate detail so they are clearly understood. Alternate Bids will not be considered in the evaluation of the Bids. Upon selection of the Bid of the lowest responsible Offeror, and after the award of the Contract, the Construction Manager may issue a Request for a Change Proposal if Owner chooses to accept any Bid alternates.

7.04 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda, or the related supplemental data as deemed advisable by the Owner or Designer.

ARTICLE 8 – BID SECURITY

8.01 Offerors must submit an acceptable bid bond as Bid Security with their Bids as required by Section 00 11 16 “Invitation to Bid.” The acceptable bid bond must be issued by a surety legally authorized to do business in Texas and meet the requirements of the General Conditions.

8.02 Offerors must submit an acceptable bid bond, cashier’s check, or certified check as Bid Security with their Bids as required by Section 00 11 16 “Invitation to Bid.” The acceptable bid bond must be issued by a surety legally authorized to do business in Texas and meet the requirements of the General Conditions. Cashier’s or certified checks must be made payable to the City of Buda, Texas and are to be effective on the day Bids are submitted and valid for a period of at least 60 days from the date the check is issued.

8.03 Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful Offeror upon Offeror’s failure to execute and deliver the Agreement or Amendments to the Agreement.

8.04 Bid Securities are to remain in effect until the Contract is executed. Bid bonds will become void when the Contract is awarded, or all Bids are rejected.

ARTICLE 9 – CONTRACT TIMES

9.01 See applicable provisions for Contract Times in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES, RETAINAGE, AND INTEREST

Provisions for liquidated damages and the payment of retainage and interest are set forth in the Agreement.


ARTICLE 11 – PREPARATION OF THE BID FORM

11.01 The Bid Form is included with the Contract Documents and is also available at the procurement website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate prices for each item or alternate shown in the Bid Form.

11.02 The unit price governs if a conflict exists between the extended amount derived by multiplying the unit price by the stated quantity of units and the extended amount shown in the Bid Form.

11.03 Execute the Bid Form as indicated in the document and include evidence of authority to sign.

11.04 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum. Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive.

11.05 Provide the name, address, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Form.

11.06 Provide evidence of the Offeror’s authority and qualification to do business in Texas or agree to obtain such qualification prior to award of the Contract. Failure to obtain this qualification will render the Bid non-responsive and Offeror will forfeit its Bid Security.

ARTICLE 12 – CONFIDENTIALITY OF BID INFORMATION

12.01 The Owner is a governmental body subject to the limitation of Tex. Gov’t Code Chapter 552 and has limited obligations with regard to protecting confidential information submitted by Offerors. Bids will be opened in a manner that avoids disclosure of trade secrets and confidential information to competing Offerors and keeps the Bids from the public until a contract is awarded. The Owner will protect trade secrets and confidential information to the extent allowed by Laws and Regulations.

12.02 Clearly indicate which specific documents are considered to be trade secrets or confidential information by stamping or watermarking all such documents with the word “confidential” prominently on each page or sheet or on the cover of bound documents. Place “confidential” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document. Submit all confidential information in a different binder so this confidential material is separate for the rest of the Bid.

12.03 The Owner, upon receiving an application or other request for the disclosure of confidential information, will promptly notify Offeror of the request as required by Section 552.305 and request a ruling by the Texas Attorney General as to whether any such information may be released.

12.04 Offeror acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the Attorney General of Texas regarding release of the information marked as confidential as provided by Section 552.305(b) and that if disclosure is required, the Owner has no liability for releasing this information and Offeror will not be entitled to exercise any remedy for a disclosure made pursuant to the Chapter 552.


12.05 The obligations of the Owner as recipient with respect to confidential information under the terms of this Agreement are subject to the following exceptions:

A. If confidential information becomes a part of the public domain through publication or otherwise but through no fault of the Owner;

B. Owner can demonstrate through suitable documentation that the confidential information was already in the Owner’s possession or otherwise publicly available prior to the date of disclosure hereunder;

C. The confidential information is subsequently disclosed to the Owner by a third party who has a lawful right to disclose such information; or

D. The Owner is required to disclose the confidential information by court order or by applicable law.

12.06 If the Owner is requested or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, including requests under Chapter 552, or similar process) or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this Agreement, the Owner will provide Offeror with prompt notice of this request so that it may seek an appropriate protective order or other appropriate remedy.

ARTICLE 13 – DELIVERY OF BIDS

13.01 Complete and deliver the Bid Form along with all required documents identified in the Bid Form.

13.02 Submit the Bid no later than the date and time prescribed and at the place indicated in Section 00 11 16 “Invitation to Bid.” Enclose the Bid in an opaque sealed envelope plainly marked with the Project name and the name and address of the Offeror, along with the Bid Security and other required documents. Enclosed the sealed envelope containing the Bid in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED” if the Bid is sent by mail or other delivery system. Address the outer envelope to the mailing address shown in Section 00 11 16 “Invitation to Bid.” Offeror assumes full responsibility for ensuring that the Bid arrives at the prescribed location before the prescribed time.

ARTICLE 14 – MODIFICATION OR WITHDRAWAL OF BIDS

14.01 Modify or withdraw a Bid using a document executed in the same manner that a Bid must be executed. Deliver the document to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

14.02 An Offeror may withdraw its Bid within 24 hours after Bids are opened if the Offeror files a signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of its Bid. The Bid Security will be returned if it is clearly demonstrated to the Owner that there was a material and substantial mistake in its Bid. An Offeror that requests to withdraw its Bid under these conditions may be disqualified from responding to a reissued Invitation to Bid for the Work to be furnished under these Contract Documents.


ARTICLE 15 – OPENING OF BIDS

15.01 Bids will be opened at the time and place indicated in Section 00 11 16 “Invitation to Bid.” The Owner will publicly acknowledge receipt of Bids received in time to be considered and then open and read aloud the names of the Offerors and the amount bid as required by applicable Laws and Regulations.

ARTICLE 16 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

16.01 All Bids will remain subject to acceptance for the number of days specified in Section 00 11 16 “Invitation to Bid.” The Owner may, at its sole discretion, release any Bid and return the Bid Security prior to the end of this period.

ARTICLE 17 – EVALUATION OF BIDS

17.01 The Owner will consider the proposed Contract Price and Contract Times and the qualifications of the Offerors to determine the lowest responsible Offeror.

17.02 Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents.

17.03 Each Offeror agrees to waive any claim it has or may have against the members of the OPT and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

17.04 Notwithstanding any other provision of the Contract Documents, it is stipulated and agreed that by accepting a Bid, the Owner has not and does not waive its sovereign immunity from suit and/or liability.

ARTICLE 18 – AWARD OF CONTRACT

18.01 Owner reserves the right to reject any and all Bids, including non-conforming, non-responsive, or conditional Bids. The Owner may also reject the Bid of any Offeror if the Owner believes that it would not be in the best interest of the Owner to make an award to that Offeror. The Owner reserves the right to waive all formalities.

18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered, except as additional Bids in accordance with Article 7. Reasonable grounds for believing that any Offeror has an interest in more than one Bid for the Work will be cause for disqualification of that Offeror and the rejection of all Bids in which that Offeror has an interest.

18.03 The Contract will be awarded to the lowest responsible Offeror if a contract is to be awarded.

18.04 Owner may consider the following in evaluating the Bids and awarding the Contract:

A. Offeror's qualifications and ability to demonstrate current capability to complete the Project in conformance with the requirements of the Contract Documents.

B. Compliance of the Bids with requirements of the Contract Documents.

C. Alternates and unit prices if requested in the bid forms.


D. The amount bid.

E. Proposed date of completion and the ability to meet intermediate Milestones that may have been established for the Project.

ARTICLE 19 – BONDS AND INSURANCE

19.01 The General Conditions set forth the Owner’s requirements as to bonds and insurance. When the Successful Offeror delivers the executed Agreement to the Owner, it must be accompanied by the performance and payment bonds and required evidence of insurance.

19.02 Provide performance and payment bonds for this Project that fully comply with the provisions of Tex. Gov’t Code Chapter 2253. Administration of these bonds will conform to Chapter 2253 and the provisions of the Contract Documents.

ARTICLE 20 – SIGNING OF THE AGREEMENT

20.01 The Notice of Award to the Successful Offeror will be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents that are identified in the Agreement. The Successful Offeror must sign and deliver the required number of counterparts of the Agreement and attached documents to the Owner within 15 days. The Owner will deliver two fully signed counterparts to the Successful Offeror within 10 days after receiving the signed documents from the Successful Offeror.

20.02 The Successful Offeror must also complete and submit a Certificate of Interested Parties (Form 1295) to the Owner as required by Tex. Gov’t Code Chapter 2252 with the signed Agreement.

ARTICLE 21 – SALES AND USE TAXES

21.01 The Owner generally qualifies as a tax-exempt agency as defined by the statutes of the State of Texas and is usually not subject to any local or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Offerors assume responsibility for including any applicable sales taxes in their Bids and for complying with all applicable statutes and rulings of the State of Texas Comptroller.

21.02 It is the Owner’s intent to have this Contract qualifies as a “separated contract.” In order for this Contract to qualify:

A. Obtain a sales tax permit from the State of Texas Comptroller if awarded this Contract.

B. Identify the dollar value of materials exempt from the sales tax. This information must be reported in Section 00 45 04 “State Sales Tax Requirements.” Bids that do not include the information requested in this Section may be considered non-responsive.

ARTICLE 22 – WAGE RATES

22.01 This Contract is subject to Tex. Gov’t Code Chapter 2258 concerning payment of prevailing wage rates. Requirements for paying the prevailing wage rates are discussed in Section 00 73 43 “Wage Rate Requirements.” A schedule listing the minimum wage rates for various classifications of laborers which have been established by the Owner for this Project are included in Section 00 73 46 “Wage Determination Schedule.” Offerors will be required to pay at


least the minimum wages shown on this list and comply with all applicable federal, state, and local Laws and Regulations related to the payment of prevailing wage rates.

ARTICLE 23 – PROHIBITED CONTRACTS

23.01 Owner may not enter into contracts with companies that are engaged in business with Iran, Sudan, or a company known to have contracts with or provide suppliers or services to a foreign terrorist organization in accordance with Tex. Gov’t Code Chapter 2252 or a company boycotting Israel in accordance with Tex. Gov’t Code Chapter 2270.

END OF SECTION

Bid Form 00 41 13 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 41 13 BID FORM

ARTICLE 1 – BID RECIPIENT

1.01 Offeror submits this Bid to:

City of Buda – Finance Department405 E. Loop StreetBuda, Texas 78610Meadow at Buda Lift Station Improvements

ARTICLE 2 – OFFEROR’S ACKNOWLEDGMENTS

2.01 Offeror proposes and agrees, if this Bid is accepted, to enter into an Agreement with the Owner on the form included in the Contract Documents and to perform all Work specified or indicated in Contract Documents for the Contract Price indicated in this Bid or as modified by Contract Amendment. Offeror agrees to complete the Work within the Contract Times established in the Agreement or as modified by Contract Amendment and comply with the all other terms and conditions of the Contract Documents.

2.02 Offeror accepts all of the terms and conditions of Section 00 11 16 “Invitation to Bid” and Section 00 21 13 “Instructions to Offerors.”

2.03 Offeror accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

2.04 Offeror acknowledges receipt of the following Addenda:

Addendum No. Addendum Date Signature Acknowledging Receipt

ARTICLE 3 – OFFEROR’S REPRESENTATIONS

3.01 Offeror has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

3.02 Offeror has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3.03 Offeror is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work.

3.04 Offeror has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions:

A. Drawings of physical conditions relating to existing surface or subsurface structures at the Site;

B. Underground Facilities referenced in reports and drawings;


C. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and

D. Technical Data related to each of these reports and drawings.

3.05 Offeror has considered the:

A. Information known to the Offeror;

B. Information commonly known to contractors doing business in the locality of the Site;

C. Information and observations obtained from visits to the Site; and

D. The Contract Documents.

3.06 Offeror has considered the items identified in Paragraphs 3.04 and 3.05 with respect to the effect of such information, observations, and documents on:

A. The cost, progress, and performance of the Work;

B. The means, methods, techniques, sequences, and procedures of construction to be employed by Offeror; and

C. Offeror’s safety precautions and programs.

3.07 Offeror agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents based on the information and observations referred to in the preceding paragraphs.

3.08 Offeror is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

3.09 Offeror has correlated the information known to the Offeror, information and observations obtained from visits to the Site reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

3.10 Offeror has given the Construction Manager written notice of all conflicts, errors, ambiguities, or discrepancies that the Offeror has discovered in the Contract Documents, and the written resolution provided by the Construction Manager is acceptable to the Offeror.

3.11 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

3.12 Offeror’s submittal of a Bid constitutes an incontrovertible representation that, without exception, all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 4 – BASIS OF OFFER

4.01 Offeror will complete the Work in accordance with the Contract Documents at the unit prices shown in the attached in Section 00 41 16 “Bid Form Exhibit A”:

A. Extended amounts have been computed in accordance with the General Conditions.


B. Offeror acknowledges that the estimated quantities are not guaranteed, and final payment for all unit price items will be based on actual quantities provided, measured as provided in the Contract Documents.

C. Unit prices will be used to compute the actual Bid price.

ARTICLE 5 – TIME OF COMPLETION

5.01 Offeror agrees that the Work will be Substantially Complete and will be completed and ready for final payment in accordance with the General Conditions within the number of calendar days indicated in Section 00 52 13 “Agreement”.

ARTICLE 6 – ATTACHMENTS TO THIS BID

6.01 The following documents are attached to and made a condition of this Bid:

A. Section 00 41 16 “Bid Form Exhibit A.”

B. Section 00 43 13 “Bid Bond.”

C. Section 00 45 01 “Nonresident Bidders.”

D. Section 00 45 02 “Non-Collusion Certification.”

E. Section 00 45 03 “Conflict of Interest Questionnaire.”

F. Section 00 45 04 “State Sales Tax Requirements.”

ARTICLE 7 – VENUE

7.01 Offeror agrees that venue will lie exclusively in Hays County, Texas for any legal action.


ARTICLE 8 – BID DELIVERY

8.01 This Bid is offered by:

Offeror:(typed or printed name of organization)

Signature:(individual’s signature)

Name:(typed or printed)

Title:(typed or printed

Address for giving notices:

Phone: Email:

(Attach evidence of authority to sign if Offeror is a corporation, partnership, or a joint venture.)

END OF SECTION

Bid Form Exhibit ‘A’ 00 42 23.01 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 42 23.01 BID FORM EXHIBIT ‘A’

BASE BID ITEMSItem No. Description Unit Estimated

Quantity Unit Price Extended Amount

1.

For Mobilization and Demobilization described in the Contract Documents for the lump sum (Maximum 5% of total contract) of:

LS 1 $_________ $__________

2.Provide by-pass pumping as required to complete the project, complete as specified.

LS 1 $_________ $__________

3.

Furnish and install hydromulch seeding at disturbed areas, complete as specified and indicated on the plans.

SY 200 $_________ $__________

4.

Furnish and install pressurized flowable fill for voids under foundations at the site, including all appurtenant work, complete as specified and indicated in the plans.

CY 6 $_________ $__________

5.

Adjust casting and install concrete collar at existing manhole, complete as specified and indicated in the plans.

1 EA $_________ $__________

6.

Remove and replace existing discharge piping in wet well, including coatings, and all other appurtenant improvements, complete as specified and indicated in the plans.

LS 1 $_________ $__________

7.

Remove and replace pump guiderails and install cable and chain system to remove pumps, complete as specified and indicated in the plans.

LS 1 $_________ $__________

8.Install “drop bowl” and pipe inside of wet well, complete as specified and indicated in the plans.

LS 1 $_________ $__________

Bid Form Exhibit ‘A’ 00 42 23.01 - 2BUA19270 – Meadows at Buda Lift Station Improvements

BASE BID ITEMSItem No. Description Unit Estimated

Quantity Unit Price Extended Amount

9.

Install safety grating on existing wet well hatch, including all appurtenant work, complete as specified and indicated in the plans.

LS 1 $_________ $__________

10.

Replace existing motorized gate valve with new manual gate valve, including flange coupling adapter and all appurtenant work, complete as specified and indicated in the plans.

LS 1 $_________ $__________

11.Prepare and recoat valves and piping in valve vault, complete as specified and indicated in the plans.

LS 1 $_________ $__________

12.Install A/C unit in electrical building, complete as specified and indicated in the plans.

LS 1 $_________ $__________

13.

Provide all electrical and instrumentation improvements, complete as specified and indicated in the plans.

LS 1 $__________ $__________

TOTAL BID AMOUNT (BASE BID ITEMS) $__________

Bid Bond 00 43 13 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 43 13 BID BOND

Offeror as Principal Surety

Name: Name:

Mailing address (principal place of business): Mailing address (principal place of business):

Owner Physical address (principal place of business):

Name: City of Buda, Texas

Mailing address (principal place of business):

Telephone (Main):

405 E. Loop StreetBuilding 100Buda, Texas 78610

Telephone (Claims):

Contract Surety’s state of incorporation:

Project name and number: By submitting this bond, Surety affirms it is

authorized to do business and licensed to

execute bonds in [specify state].Meadows at Buda Lift Station Improvements

Local Agent for Surety

Bid/Proposal Due Date: Name:

Bond Company:

Contract Price Offered: Mailing address (principal place of business):

Penal Sum of Bond:

5% of Contract Price offered

Date of Bond:

Telephone (Main):

Bid Bond 00 43 13 - 2BUA19270 – Meadows at Buda Lift Station Improvements

Surety and Offeror, intending to be legally bound by this bond, do each cause this bond to be duly

executed on its behalf by its authorized officer, agent, or representative. The Offeror and Surety

bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and

severally to this bond. The condition of this obligation is such that if Owner accepts Offeror’s Bid or

Proposal and Offeror delivers the executed Agreement and the required bonds and evidence of

insurance within the time stipulated in the Bidding or Proposal Documents this obligation is null

and void. Payment under this bond will be due and payable upon default by Offeror and within 30

calendar days after receipt by Offeror and Surety of written notice of default from Owner. Venue

lies exclusively in Hays County, Texas for any legal action.

Offeror as Principal Surety

Signature: Signature:

Name: Name:

Title: Title:

Email: Email:(Attach Power of Attorney)

END OF SECTION

Nonresident Bidders 00 45 01 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 45 01 NONRESIDENT BIDDERS

Texas Government Code Chapter 2252 applies to the award of government contracts to nonresident bidders. This chapter provides that:

“a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.”

“Nonresident bidder” refers to a person who is not a resident of Texas.

“Resident bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Check the statement that is correct for Offeror:

☐ Offeror (includes parent company or majority owner) qualifies as a resident bidder whose principal place of business is in Texas.

☐ Offeror qualifies as a nonresident bidder whose principal place of business or residency is inthe state of:

Any determination of state bidder preference law will be based on the Texas Comptroller’s annual summary of other state bidder preference laws.





Business Address:

Phone: Email:(Attach evidence of authority to sign if Offeror is a corporation, partnership, or a joint venture.)

END OF SECTION

Non-Collusion Certification 00 45 02 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 45 02 NON-COLLUSION CERTIFICATION

STATE OF §

COUNTY OF §

Owner: City of Buda, Texas405 E. Loop StreetBuilding 100Buda, Texas 78610

Contract: Meadows at Buda Lift Station Improvements

Offeror certifies that it has not been a party to any collusion among Offerors in the restraint of freedom of competition by agreement to submit a Bid or Proposal at a fixed price or to refrain from submitting a Bid or Proposal; or with any official or employee of the Owner as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between Offerors and any official of the Owner concerning exchange of money or other thing of value for special consideration in the letting of a contract.

Certified this day of 20 .





Business Address:

Phone: Email:


END OF SECTION

Conflict of Interest Questionnaire 00 45 03 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 45 03 CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQFor vendor doing business with local governmental entity

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176 of the Local Government Code by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Date Received

2 ☐ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer4 Describe each employment or other business relationship with the local government officer, or a family member of the

officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

☐ Yes ☐ No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

☐ Yes ☐ No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

6 ☐ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1)

7

Signature of vendor doing business with the governmental entity Date

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

Conflict of Interest Questionnaire 00 45 03 - 2BUA19270 – Meadows at Buda Lift Station Improvements

CONFLICT OF INTEREST QUESTIONNAIREFor vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more partiesbased on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or anagency of a federal, state, or local governmental entity;(B) a transaction conducted at a price and subject to terms available to the public; or(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency andthat is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

***(2) the vendor:

(A) has an employment or other business relationship with the local government officer or afamily member of the officer that results in the officer or family member receiving taxableincome, other than investment income, that exceeds $2,500 during the 12-month periodpreceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;or(ii) the local governmental entity is considering entering into a contract with thevendor;

(B) has given to the local government officer or a family member of the officer one or more giftsthat have an aggregate value of more than $100 in the 12-month period preceding the date theofficer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationshipwith a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that localgovernmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);(2) has given a local government officer of that local governmental entity, or a family member of theofficer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding anygift described by Section 176.003(a-1); or(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administratornot later than the seventh business day after the later of:

(1) the date that the vendor:(A) begins discussions or negotiations to enter into a contract with the local governmentalentity; or(B) submits to the local governmental entity an application, response to a request for proposalsor bids, correspondence, or another writing related to a potential contract with the localgovernmental entity; or

(2) the date the vendor becomes aware:(A) of an employment or other business relationship with a local government officer, or afamily member of the officer, described by Subsection (a);(B) that the vendor has given one or more gifts described by Subsection (a); or(C) of a family relationship with a local government officer.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

END OF SECTION

State Sales Tax Requirements 00 45 04 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 45 04 STATE SALES TAX REQUIREMENTS

Comply with all applicable sales, excise, and use tax requirements of the Texas Tax Code. The Offeror hereby certifies that the Contract Price is divided as follows:

Tax exempt products, materials, and services (See Notes 1 and 2) $

Taxable products, materials, and services (See Note 3) $

Total (See Note 4) $





Business Address:

Phone: Email:(Attach evidence of authority to sign if Offeror is a corporation, partnership, or a joint venture.)

Notes:

1. Exempt products and materials are those items purchased for the Project which are physically incorporated into the facilities constructed for the Owner or are necessary and essential for the performance of the Work and are completely consumed at the Site. For purposes of this definition, products and materials are completely consumed if after being used once for its intended purpose it is used up or destroyed. Products and materials rented or leased for use in the performance of the Work cannot be completely consumed for the purposes of this definition.

2. Exempt services are those services performed at the Site where the Contract expressly requires the specific service to be provided or purchased by the person performing the Work or the service is integral to the performance of the Work.

3. Products, materials, and services are not tax exempt if they are used by the Contractor but are not physically incorporated into the Owner's facilities or are not consumed by construction as defined above. Machinery or equipment and its accessories and repair and replacement parts used in the performance of the Work are not exempt.

4. The total sum of the amount for tax exempt and taxable products, materials, and services must equal the Contract Price.

END OF SECTION

Qualifications Statement 00 45 13 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 45 13 QUALIFICATIONS STATEMENT

ARTICLE 1 – REQUIREMENTS FOR THE QUALIFICATIONS STATEMENT

1.01 The Qualifications Statement must be submitted by the apparent low Offeror within 5 calendar days of the bid opening and include the information as described in this Section as a minimum. Failure to submit the required information in the Qualifications Statement may result in the Owner considering the Bid non-responsive and may result in rejection of the Bid by the Owner. Offerors may be required to provide supplemental information if requested by the Owner to clarify, enhance, or supplement the information provided in the Qualifications Statement.

1.02 Offerors must provide the information requested in this Qualifications Statement using the forms attached to this Section. These forms are available in Microsoft Word or Excel on the procurement website. The information requested in these forms must be provided completely and in detail. Information that cannot be totally incorporated in the forms may be included as an appendix to the form. This appendix must be clearly referenced by appendix number on the form, and the appended material must include the appendix number on every sheet of the appendix. The appendix must include only the information that responds to the question or item number to which the appended information applies.

1.03 Offerors may provide supplemental information to the Qualifications Statement such as organizational brochures or other marketing information to help demonstrate their qualifications to the Owner. This information may not be submitted as a substitute for the information specifically requested in this Section. The reference must include the specific paragraph or section that applies to that question or item if this information is included as an appendix to the information requested in Article 2.

ARTICLE 2 – INSTRUCTIONS FOR PREPARING THE QUALIFICATIONS STATEMENT

2.01 Offeror’s Organization and General Information:

Provide general information about the Offeror's organization using copies of Table 1. Provide the same information for each joint venture partner if the Offeror is a joint venture.

2.02 Project Experience:

A. Provide a list of projects completed by the Offeror in the last 5 years using copies of Table 2.

B. Provide detailed descriptions of projects which demonstrate the experience of the Offeror’s team with construction of similar projects. Experience must include, as a minimum, the satisfactory completion of at least five similar projects within the last 5 years. Offerors not meeting the requirement for similar projects may be disqualified as being non-responsive.

C. Provide a narrative not to exceed two pages for each project describing up to five specific projects that qualify as similar projects. Projects selected must demonstrate the capabilities of the Offeror.

2.03 Experience and Qualifications of Proposed Key Personnel:

A. Provide information on the key personnel proposed for this Project on Tables 3 through 7. Key personnel include the project manager and project superintendent. The Offeror may provide information on an alternate individual if the Offeror is not able to commit to one


individual for the Project at the time the Bid is submitted. Qualifications of these individuals will be considered in evaluating the qualifications of the Offeror. The Offeror must commit to providing the services of the proposed key personnel or alternate for the life of the Project as a condition of qualification. Failure to provide the proposed key personnel may result in the disqualification of the Offeror and will provide the basis for termination of the Contract at the discretion of the Owner.

B. Provide resumes not exceeding two pages for each individual proposed for the key personnel positions and their alternates. Resumes must describe the qualifications of the individual and include the following as a minimum: technical experience, managerial experience, education and formal training, primary language, and a work history which describes project experience, including the roles and responsibilities for each assignment. Additional information highlighting the experience which makes them the best candidate for the assignment should also be included. Focus on projects on which individuals proposed have had significant involvement in the last 5 years and which demonstrate their experience with similar projects.

C. Provide a tabulation of the projects on which the key personnel have been personally involved using copies of Table 7. This tabulation is to include the name and a current telephone number for references for each of these project assignments.

ARTICLE 3 – BID REQUIREMENTS

3.01 Provide the Qualifications Statement using the referenced tables and narrative descriptions as described in this Section. Pages are to be 8-1/2 x 11 pages using a minimum font size of 10. Provide a tab to separate materials responding to each of the rating categories listed in Article 2.

3.02 Additional information may be included in appendices attached to the Bid. Each appendix must reference the section of the criteria if is in reference to.

3.03 Provide one printed copy of the Bid at the time and place set forth in Section 00 11 16 “Invitation to Bid.” Provide a digital copy of the Bid in Portable Document Format (pdf) on a CD. This digital copy is to include all information required to evaluate the Bid.

ARTICLE 4 – FORMS

4.01 The following tables are attached to this Section:

Table Description1 General Information2 Current Projects and Project Completed within the last 5 Years3 Proposed Project Managers4 Proposed Project Superintendents5 Proposed Project Safety Managers6 Proposed Project Quality Control Managers7 Project Information for Key Personnel8 Demonstration of Budget Performance9 Demonstration of On-Time Performance


ARTICLE 5 – CERTIFICATION

5.01 By submitting this Qualifications Statement and related information, Offeror certifies that it has read this Qualifications Statement and that Offeror’s responses are true and correct and contain no material misrepresentations, and that the individual signing below is authorized to make this certification on behalf of the Offeror’s organization.





Attest:(individual’s signature)

Designated Representative:

Name:

Title:

Address for giving notices:

Phone: Email:



Table 1 - General InformationOrganization

Legal Name of Business

Form of Business Entity: ☐ Joint Venture ☐ Corporation ☐ General Partnership ☐ Limited Partnership

Date Business was formed State under which Business was formed

Is this Business authorized to operate in the Project location: ☐ Yes ☐ No ☐ Pending

Is this Business licensed as a general contractor in the Project location: ☐ Yes ☐ No ☐ Pending ☐ N/A

List of companies, firms, or organizations that own any part of this Business.

Name of company, firm, or organization. Percent ownership

Principal Office

Primary contact Main telephone number

Email address Website address

Business address of principal office

Regional Office

Primary contact Main telephone number

Email address Website address

Business address of regional office

Business HistoryList of names that this Business currently has or anticipates operating under over the history of the Business, including the names of related companies presently doing business.

Names of organization From date To date

Indicators of Organization Size

Average number of current full-time employees

Average estimate of revenue for the current year


Table 1 - General Information Cont’dPrevious Contracting Experience

Years of experience in projects similar to the proposed Project:

As a general contractor As a joint venture partner

Has this organization or a participating or predecessor organization ever been disqualified as a bidder by any local, state, or federal agency within the last 5 years? ☐ Yes* ☐ No

Has this organization or a participating or predecessor organization ever been barred from contracting by any local, state, or federal agency within the last 5 years? ☐ Yes* ☐ No

Has this organization or a participating or predecessor organization been released from a bid or proposal in the past 5 years? ☐ Yes* ☐ No

Has this organization or a participating or predecessor organization ever defaulted on a project or failed to complete any contract awarded to it? ☐ Yes* ☐ No

Has this organization or a participating or predecessor organization ever refused to construct or refused to provide materials defined in the contract documents or in a change order? ☐ Yes* ☐ No

Is this organization or a participating or predecessor organization currently involved in any litigation or contemplating litigation? ☐ Yes* ☐ No

Provide full details in a separate attachment for each statement above with a “yes” response above.

Previous History with Owner

List projects that have been completed with the Owner over the last 5 years. If more than 5 projects, list only the most recent.

Project Name Year

1

2

3

4

5

Previous Claims History and Litigation Experience

List all claims or litigation involving owners on other construction projects that have been active over the last 5 years or that are currently unresolved.

Description of Claim or Litigation Status

1

2

3

4

5


Table 1 - General Information Cont’dSurety

Surety NameMailing address (principal place of business): Physical address (principal place of business):

Telephone (main number) Telephone (claims notices)

Name of Local Agent for Surety

Telephone Email

Surety is a corporation organized and existing under the laws of the state of

Is surety authorized to provide surety bonds in the Project location? ☐ Yes ☐ No

Is surety listed in the U.S. Department of the Treasury’s Listing of Approved Sureties (Department Circular 570 “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies”)? ☐ Yes ☐ No

Insurance

Name of Insurance Provider

Provider is a corporation organized and existing under the laws of the state of

Is Provider licensed or authorized to issue insurance policies in the Project location? ☐ Yes ☐ No

Does Provider have an A.M. Best Rating of A-VIII or Better? ☐ Yes ☐ No

Mailing Address (principal place of business)

Physical Address(principal place of business)

Telephone (main number)

Telephone (for notice of claims)

Local Agent for Provider

Address for Local Agent

Telephone for Local Agent

Construction Site Safety Experience

Provide Offeror's Experience Modification Ratio (EMR) and Total Recordable Frequency Rate (TRFR) for the last 3 years and the EMR and TRFR history for the last 3 years of any proposed Subcontractor that will provide Work valued at 25% or more of the Contract Price.

Offeror Subcontractor Subcontractor SubcontractorYear

EMR TRFR EMR TRFR EMR TRFR EMR TRFR

1

2

3


Table 1 - General Information Cont’d

Financial Summary Information for Offeror

Date of Offeror’s most current financial statement

Date of Offeror’s most current audited financial statement

Financial indicators from the most current financial statement:

Offeror’s Current Ratio = Current Assets ÷ Current LiabilitiesOfferor’s Quick Ratio = (Cash and Cash Equivalents + Accounts Receivable + Short Term Investments) ÷ Current Liabilities

Describe the resources that are available to the Offeror to provide adequate cash flow for the Project if Offeror’s Current Ratio or Quick Ratio are less than 1.0:

Disadvantaged Business Certifications

Name of Certification Certifying Agency Certification Date

☐ Disadvantage Business Enterprise

☐ Minority Business Enterprise

☐ Woman Business Enterprise

☐ Disabled Veteran Owned Business

☐ Historically Underutilized Business

☐ Small Business Enterprise

☐ Other

☐ None


Table 2 - Current Projects and Project Completed within the last 5 Years

Name of OrganizationProject Owner Project NameGeneral Description of ProjectProject Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control ManagerNameReference Contact Information (listing names indicates approval to contacting the names individuals as a reference)

Name Title/Position Organization Telephone EmailOwnerDesignerConstruction Manager

Project Owner Project NameGeneral Description of ProjectProject Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control ManagerNameReference Contact Information (listing names indicates approval to contacting the names individuals as a reference)


Project Owner Project NameGeneral Description of ProjectProject Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control ManagerNameReference Contact Information (listing names indicates approval to contacting the names individuals as a reference)



Table 3 - Proposed Project ManagersName of OrganizationPrimary CandidateName of individualYears of experience as project managerYears of experience with this organizationNumber of similar projects as project managerNumber of similar projects in other positionsCurrent Project Assignments

Name of assignment Percent of time used for this project

Estimated project completion date

Reference Contact Information (listing names indicates approval to contact named individuals as a reference)Name NameTitle/Position Title/PositionOrganization OrganizationTelephone TelephoneEmail EmailProject Project Role on project Role on projectAlternate CandidateName of individualYears of experience as project managerYears of experience with this organizationNumber of similar projects as project managerNumber of similar projects in other positionsCurrent Project Assignments



Reference Contact Information (listing names indicates approval to contact named individuals as a reference)Name NameTitle/Position Title/PositionOrganization OrganizationTelephone TelephoneEmail EmailProject Project Role on project Role on project


Table 4 - Proposed Project SuperintendentsName of OrganizationPrimary CandidateName of individualYears of experience as project superintendentYears of experience with this organizationNumber of similar projects as project superintendentNumber of similar projects in other positionsCurrent Project Assignments



Reference Contact Information (listing names indicates approval to contact named individuals as a reference)Name NameTitle/Position Title/PositionOrganization OrganizationTelephone TelephoneEmail EmailProject Project Role on project Role on projectAlternate CandidateName of individualYears of experience as project superintendentYears of experience with this organizationNumber of similar projects as project superintendentNumber of similar projects in other positionsCurrent Project Assignments



Reference Contact Information (listing names indicates approval to contact named individuals as a reference)Name NameTitle/Position Title/PositionOrganization OrganizationTelephone TelephoneEmail EmailProject Project Role on project Role on project


Table 7 - Project Information for Key PersonnelName of OrganizationProvide information on all projects completed by the Organization within the last 5 years.Project Owner Project NameGeneral Description of ProjectProject Budget and Schedule Performance

Budget History Amount % of Bid Amount Schedule Performance Date Days

Original Contract Price Notice to ProceedChange Orders Contract Substantial Completion Date at Notice to ProceedOwner Enhancements Contract Final Completion Date at Notice to ProceedUnforeseen Conditions Change Order Authorized Substantial Completion DateDesign Issues Change Order Authorized Final Completion Date Total Actual / Estimated Substantial Completion DateFinal Cost Actual / Estimated Final Completion DateKey Project Personnel

Name Project Manager Project Superintendent Safety Manager QC ManagerPercentage of time devoted to the projectPercentage of time proposed for this ProjectDid Individual start and complete the project?If not, who started or completed the project in their place?Reason for change?Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference)

Name Title/Position Organization Telephone EmailOwnerDesignerConstruction ManagerSuretyIssues / disputes resolved or pending resolution by arbitration, litigation or dispute review boards

Number of issues resolved Total amount involved in resolved issues Number of issues pending Total amount involved

in issues pending

END OF SECTION

Agreement 00 52 13 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 52 13 AGREEMENT

This Agreement is between the City of Buda, Texas (Owner) and [name of Contractor to be inserted at time of Contract execution] (Contractor).

Owner and Contractor agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is designated as follows:


ARTICLE 2 – DESIGN PROFESSIONAL

2.01 The Design Professional for this Project is:

Freese and Nichols, Inc.1251 Sadler DriveBuilding One, Suite 1150San Marcos, Texas 78666

ARTICLE 3 – CONSTRUCTION MANAGER

3.01 The Construction Manager for this Project is:

Freese and Nichols, Inc.1251 Sadler DriveBuilding One, Suite 1150San Marcos, Texas 78666

ARTICLE 4 – CONTRACT TIMES

4.01 Contract Times

The Work is required to be substantially complete within 60 calendar days after the date when the Contract Times commence to run as provided in the General Conditions and complete and ready for final payment in accordance with the General Conditions within 90 calendar days after the date of Substantial Completion.

4.02 Liquidated Damages

A. Owner and Contractor recognize that the Contract Times specified for Substantial Completion and Final Completion are of the essence in the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the Contract Times specified in this Agreement and in Section 01 35 00 “Special Procedures” as may be adjusted in accordance with the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed within the


Contract Times. Accordingly, instead of requiring proof of the amount of these damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Contractor agrees to pay Owner $500 for each day that expires after the time specified in this Agreement for Substantial Completion until the Work is substantially complete.

2. Contractor agrees to pay Owner $500 for each day that expires after the time specified in this Agreement for Final Completion until the Work is completed and ready for final payment in accordance with the General Conditions.

B. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently.

C. OPT will determine whether the Work has been completed within the Contract Times. Assessment of liquidated damages by the Owner does not waive the Owner’s right to assess or collect additional damages which the Owner may sustain by the failure of the Contractor to perform in accordance with the terms of the Contract.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the prices shown in this Agreement. The Contract Price has been computed in accordance with the General Conditions. Contractor acknowledges that for unit price items, estimated quantities are not guaranteed and are solely for the purpose of comparing Bids, and that final payment will be based on actual quantities determined in accordance with the Contract Documents.

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by the Construction Manager per Section 01 29 00 “Application for Payment Procedures.”

6.02 Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on the total earned value of Work completed in the previous month in accordance with the Schedule of Values established as provided in the General Conditions.

6.03 Payment will be made for the total earned value of Work completed in the previous month after deducting:

A. Retainage calculated per this Agreement;

B. Set-offs determined in accordance with the General Conditions; and

C. The total amount of payments previously made.

6.04 Retainage

A. Progress payments will be made in an amount equal to 90 percent of the total earned value to date for completed Work and properly stored materials. The remaining 10 percent of the total earned value to date will be held as retainage.


6.05 Release or reduction in retainage is contingent upon the consent of surety to the reduction in retainage. Submit a Consent of Surety Company to Reduction of or Partial Release of Retainage form as provided by or approved by the Construction Manager.

6.06 Owner will pay the remainder of the Contract Price as recommended by Construction Manager in accordance with the General Conditions upon Final Completion and acceptance of the Work.

ARTICLE 7 – PAYMENT OF INTEREST

7.01 All moneys not paid when due as provided in the General Conditions will earn interest at the rate specified in Tex. Gov’t Code Chapter 2251. Interest accrual will cease upon payment by the Owner.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01 The Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied the following Site related reports and drawings as identified in the Supplementary Conditions:

1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site;

2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site;

3. Underground Facilities referenced in reports and drawings;

4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and

5. Technical Data related to each of these reports and drawings.

E. Contractor has considered the:

1. Information known to Contractor;

2. Information commonly known to contractors doing business in the locality of the Site;

3. Information and observations obtained from visits to the Site; and

4. The Contract Documents.

F. Contractor has considered the items identified in Paragraphs 8.01.D and 8.01.E with respect to the effect of such information, observations, and documents on:

1. The cost, progress, and performance of the Work;

2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and


3. Contractor’s safety precautions and programs.

G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

H. Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

I. Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

J. Contractor has given the Construction Manager written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the Construction Manager is acceptable to the Contractor.

K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

L. Contractor’s entry into this Agreement constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 – ACCOUNTING RECORDS

9.01 Accounting Record Availability: Contractor is to establish and maintain, in accordance with generally accepted accounting practices, full and detailed accounting records of materials incorporated into the Project, and labor, tools, materials, and equipment used for the Work, consistent with the requirements of the General Conditions and as necessary for proper financial management under this Agreement. Subject to prior written notice, provide Owner reasonable access during normal business hours to Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. Preserve all such documents for a period of 3 years after the final payment by the Owner.

ARTICLE 10 – OTHER REQUIREMENTS

10.01 Workers’ Compensation Insurance

A. By signing this Agreement, Contractor certifies that it provides workers’ compensation insurance coverage for all employees employed on this Project pursuant to Tex. Lab. Code Section 406.096(a).

B. As required by Section 406.096(b), Contractor must require each Subcontractor to certify in writing to the Contractor that the Subcontractor provides workers’ compensation insurance coverage for all of the employees it employs on this Project. Contractor must provide these certifications to the Owner within 10 days of the Effective Date of the Agreement.


10.02 Contracts Prohibited by Tex. Gov’t Code Chapter 2155

A. Section 2155.004:

1. Section 2155.004 states that “a state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based.”

2. Under Section 2155.004, Government Code, Contractor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.

B. Section 2155.006:

1. Section 2155.006 states that “a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.

2. Under Section 2155.006, Government Code, Contractor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.

10.03 Prohibition on Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organizations

A. Tex. Gov’t Code Chapter 2252, Subchapter F, prohibits the award of governmental contracts to companies engaged in business with Iran, Sudan, or foreign terrorist organizations.

B. By signing this Agreement, Contractor certifies that it is not ineligible to be awarded this Contract under Chapter 2252, Subchapter F.

10.04 Prohibition on Contracts with Certain Companies that Boycott Israel

A. Tex. Gov’t Code Chapter 2270 prohibits the award of governmental contracts to companies boycotting Israel.

B. By signing this Agreement, Contractor certifies that it does not boycott Israel and will not boycott Israel during the term of this Contract.

10.05 Certificate of Interested Parties: Contractor must complete and submit a Certificate of Interested Parties (Form 1295) to the Owner with the signed Agreement as required by Tex. Gov’t Code Section 2252.908.


ARTICLE 11 – VENUE

11.01 Contractor agrees that venue lies exclusively in Hays County, Texas for any legal action.

ARTICLE 12 – CONTRACT DOCUMENTS

12.01 Contract Documents

A. Specifications Sections listed in Section 00 01 10 “Table of Contents” except as specifically excluded in Paragraph 12.02.

B. Drawings listed in the Sheet Index on the Drawings.

C. Addenda (Numbers 00 91 01 to 00 91 [XX], inclusive).

D. Appendices listed in Section 00 01 10 “Table of Contents” except as specifically excluded in Paragraph 12.02.

E. The following are also Contract Documents which may be delivered or issued on or after the Effective Date of the Contract:

1. Notice to Proceed.

2. Contract Amendment(s).

3. Change Order(s).

4. Field Order(s).

5. Work Change Directive(s).

F. There are no Contract Documents other than those listed above in this Paragraph. The Contract Documents may only be amended, modified, or supplemented as provided in `the General Conditions.

12.02 Bidding Requirements and Informational Documents

The following Bidding Requirements are not Contract Documents:

A. 00 11 16 Invitation to Bid

B. 00 21 13 Instructions to Offerors

C. 00 41 13 Bid Form

D. 00 42 23.01 Bid Form Exhibit A

E. 00 43 13 Bid Bond

F. 00 45 01 Nonresident Bidders

G. 00 45 02 Non-Collusion Certification

H. 00 45 03 Conflict of Interest Questionnaire

I. 00 45 04 State Sales Tax Requirements

J. 00 45 13 Qualifications Statement


The Effective Date of the Contract is [date to be inserted at the time of contract execution].

Owner: Contractor:(typed or printed) (typed or printed)

By: By:(individual’s signature) (individual’s signature)

Name: Name:(typed or printed) (typed or printed)

Title: Title:(typed or printed) (typed or printed

(Attach evidence of authority to sign)

Address for giving notice: Address for giving notice:

Designated representative: Designated representative:

Name: Name:

Title: Title:

Address: Address:

Phone: Phone:

Email: Email:

END OF SECTION

Performance Bond 00 61 13 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 61 13 PERFORMANCE BOND

Contractor as Principal Surety

Name: Name:




Mailing address (principal place of business):405 E. Loop StreetBuilding 100Buda, Texas 78610

Telephone (Main):

Telephone (Claims):


Project name and number: By submitting this bond, Surety affirms that it is

licensed to provide and execute this bond and

authorized to do business in Texas.



Name:

Contract Price: Mailing address (principal place of business):

Effective Date of Contract:

Bond

Bond Amount: 100 percent of Contract Price

Date of Bond: Telephone (Main):(Date of Bond cannot be earlier than Effective Date of Contract)

The address of the surety company to which any

notice of claim should be sent may be obtained

from the Texas Dept. of Insurance by calling the

following toll-free number: 1-800-252-3439.

Performance Bond 00 61 13 - 2BUA19270 – Meadows at Buda Lift Station Improvements

Surety and Contractor, intending to be legally bound and obligated to Owner, do each cause this

performance bond to be duly executed on its behalf by its authorized officer, agent, or

representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,

successors and assigns, jointly and severally to this bond. The condition of this obligation is such

that if the Contractor as Principal faithfully performs the Work required by the Contract then this

obligation will be null and void; otherwise the obligation is to remain in full force and effect.

Provisions of this bond shall be pursuant to the terms and provisions of Texas Government Code

Chapter 2253 as amended and all liabilities on this bond shall be determined in accordance with the

terms and provisions of said Chapter to the same extent as if it were copied at length herein. Venue

lies exclusively in Hays County, Texas for any legal action.



Name: Name:

Title: Title:

Email: Email:(Attach Power of Attorney and place surety seal below)

END OF SECTION

Payment Bond 00 61 16 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 61 16 PAYMENT BOND


Name: Name:




Mailing address (principal place of business):

Telephone (Main):

405 E. Loop StreetBuilding 100Buda, Texas 78610

Telephone (Claims):


Project name and number: By submitting this bond, Surety affirms that it is

licensed to provide and execute this bond and

authorized to do business in Texas.



Name:

Contract Price: Mailing address (principal place of business):

Effective Date of Contract:

Bond

Bond Amount: 100 percent of Contract Price

Date of Bond: Telephone (Main):(Date of Bond cannot be earlier than Effective Date of Contract) The address of the surety company to which any

notice of claim should be sent may be obtained

from the Texas Dept. of Insurance by calling the

following toll-free number: 1-800-252-3439.

Payment Bond 00 61 16 - 2BUA19270 – Meadows at Buda Lift Station Improvements

Surety and Contractor intending to be legally bound and obligated to Owner do each cause this

payment bond to be duly executed on its behalf by its authorized officer, agent, or representative.

The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and

assigns, jointly and severally to this bond. The condition of this obligation is such that if the

Contractor as Principal pays all claimants providing labor or materials to Contractor or to a

Subcontractor in the prosecution of the Work required by the Contract then this obligation will be

null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond

shall be pursuant to the terms and provisions of Texas Government Code Chapter 2253 as amended

and all liabilities on this bond shall be determined in accordance with the terms and provisions of

said Chapter to the same extent as if it were copied at length herein. Venue lies exclusively in Hays

County, Texas for any legal action.



Name: Name:

Title: Title:

Email: Email:(Attach Power of Attorney and place surety seal below)

END OF SECTION

EJCDC® C-700, Standard General Conditions of the Construction Contract.Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONSOF THE CONSTRUCTION CONTRACT

Prepared By

Endorsed By


and American Society of Civil Engineers. All rights reserved.

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723

www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/

http://www.acec.org/

http://www.asce.org/

http://www.ejcdc.org/


and American Society of Civil Engineers. All rights reserved.TOC Page 1 of 5


TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology .......................................................................................................1

1.01 Defined Terms ..............................................................................................................................1

1.02 Terminology..................................................................................................................................6

Article 2—Preliminary Matters.....................................................................................................................7

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance.........................................7

2.02 Copies of Documents....................................................................................................................7

2.03 Before Starting Construction ........................................................................................................7

2.04 Preconstruction Conference; Designation of Authorized Representatives ..................................8

2.05 Acceptance of Schedules ..............................................................................................................8

2.06 Electronic Transmittals .................................................................................................................8

Article 3—Contract Documents: Intent, Requirements, Reuse....................................................................9

3.01 Intent ............................................................................................................................................9

3.02 Reference Standards.....................................................................................................................9

3.03 Reporting and Resolving Discrepancies ......................................................................................10

3.04 Requirements of the Contract Documents.................................................................................10

3.05 Reuse of Documents...................................................................................................................11

Article 4—Commencement and Progress of the Work ..............................................................................11

4.01 Commencement of Contract Times; Notice to Proceed.............................................................11

4.02 Starting the Work .......................................................................................................................11

4.03 Reference Points.........................................................................................................................11

4.04 Progress Schedule.......................................................................................................................12

4.05 Delays in Contractor’s Progress ..................................................................................................12

Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions.....................13

5.01 Availability of Lands ....................................................................................................................13

5.02 Use of Site and Other Areas........................................................................................................14

5.03 Subsurface and Physical Conditions ...........................................................................................15

5.04 Differing Subsurface or Physical Conditions ...............................................................................16



5.05 Underground Facilities................................................................................................................17

5.06 Hazardous Environmental Conditions at Site .............................................................................19

Article 6—Bonds and Insurance .................................................................................................................21

6.01 Performance, Payment, and Other Bonds..................................................................................21

6.02 Insurance—General Provisions...................................................................................................22

6.03 Contractor’s Insurance ...............................................................................................................24

6.04 Builder’s Risk and Other Property Insurance..............................................................................25

6.05 Property Losses; Subrogation .....................................................................................................26

6.06 Receipt and Application of Property Insurance Proceeds ..........................................................27

Article 7—Contractor’s Responsibilities .....................................................................................................27

7.01 Contractor’s Means and Methods of Construction ....................................................................27

7.02 Supervision and Superintendence ..............................................................................................27

7.03 Labor; Working Hours.................................................................................................................28

7.04 Services, Materials, and Equipment ...........................................................................................28

7.05 “Or Equals” .................................................................................................................................28

7.06 Substitutes ..................................................................................................................................29

7.07 Concerning Subcontractors and Suppliers..................................................................................31

7.08 Patent Fees and Royalties...........................................................................................................32

7.09 Permits........................................................................................................................................33

7.10 Taxes ...........................................................................................................................................33

7.11 Laws and Regulations .................................................................................................................33

7.12 Record Documents .....................................................................................................................34

7.13 Safety and Protection .................................................................................................................34

7.14 Hazard Communication Programs ..............................................................................................35

7.15 Emergencies................................................................................................................................35

7.16 Submittals ...................................................................................................................................35

7.17 Contractor’s General Warranty and Guarantee .........................................................................38

7.18 Indemnification...........................................................................................................................39

7.19 Delegation of Professional Design Services ................................................................................40

Article 8—Other Work at the Site ..............................................................................................................40

8.01 Other Work.................................................................................................................................40

8.02 Coordination ...............................................................................................................................41

8.03 Legal Relationships .....................................................................................................................42



Article 9—Owner’s Responsibilities............................................................................................................43

9.01 Communications to Contractor ..................................................................................................43

9.02 Replacement of Engineer............................................................................................................43

9.03 Furnish Data................................................................................................................................43

9.04 Pay When Due ............................................................................................................................43

9.05 Lands and Easements; Reports, Tests, and Drawings .................................................................43

9.06 Insurance ....................................................................................................................................43

9.07 Change Orders ............................................................................................................................43

9.08 Inspections, Tests, and Approvals...............................................................................................43

9.09 Limitations on Owner’s Responsibilities .....................................................................................43

9.10 Undisclosed Hazardous Environmental Condition......................................................................44

9.11 Evidence of Financial Arrangements ..........................................................................................44

9.12 Safety Programs..........................................................................................................................44

Article 10—Engineer’s Status During Construction ....................................................................................44

10.01 Owner’s Representative .........................................................................................................44

10.02 Visits to Site ............................................................................................................................44

10.03 Resident Project Representative ............................................................................................44

10.04 Engineer’s Authority ...............................................................................................................45

10.05 Determinations for Unit Price Work .......................................................................................45

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ...................45

10.07 Limitations on Engineer’s Authority and Responsibilities.......................................................45

10.08 Compliance with Safety Program ...........................................................................................46

Article 11—Changes to the Contract ..........................................................................................................46

11.01 Amending and Supplementing the Contract ..........................................................................46

11.02 Change Orders ........................................................................................................................46

11.03 Work Change Directives..........................................................................................................47

11.04 Field Orders ............................................................................................................................47

11.05 Owner-Authorized Changes in the Work................................................................................47

11.06 Unauthorized Changes in the Work........................................................................................48

11.07 Change of Contract Price ........................................................................................................48

11.08 Change of Contract Times.......................................................................................................49

11.09 Change Proposals....................................................................................................................49

11.10 Notification to Surety .............................................................................................................50



Article 12—Claims ......................................................................................................................................50

12.01 Claims .....................................................................................................................................50

Article 13—Cost of the Work; Allowances; Unit Price Work ......................................................................52

13.01 Cost of the Work.....................................................................................................................52

13.02 Allowances..............................................................................................................................55

13.03 Unit Price Work.......................................................................................................................56

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work.....................56

14.01 Access to Work .......................................................................................................................56

14.02 Tests, Inspections, and Approvals...........................................................................................57

14.03 Defective Work .......................................................................................................................57

14.04 Acceptance of Defective Work ...............................................................................................58

14.05 Uncovering Work ....................................................................................................................58

14.06 Owner May Stop the Work .....................................................................................................59

14.07 Owner May Correct Defective Work ......................................................................................59

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period.........................................60

15.01 Progress Payments .................................................................................................................60

15.02 Contractor’s Warranty of Title................................................................................................63

15.03 Substantial Completion...........................................................................................................63

15.04 Partial Use or Occupancy........................................................................................................64

15.05 Final Inspection.......................................................................................................................64

15.06 Final Payment .........................................................................................................................65

15.07 Waiver of Claims.....................................................................................................................66

15.08 Correction Period....................................................................................................................66

Article 16—Suspension of Work and Termination .....................................................................................67

16.01 Owner May Suspend Work.....................................................................................................67

16.02 Owner May Terminate for Cause............................................................................................67

16.03 Owner May Terminate for Convenience ................................................................................68

16.04 Contractor May Stop Work or Terminate...............................................................................69

Article 17—Final Resolution of Disputes ....................................................................................................69

17.01 Methods and Procedures .......................................................................................................69

Article 18—Miscellaneous..........................................................................................................................70

18.01 Giving Notice...........................................................................................................................70

18.02 Computation of Times ............................................................................................................70



18.03 Cumulative Remedies .............................................................................................................70

18.04 Limitation of Damages............................................................................................................70

18.05 No Waiver ...............................................................................................................................70

18.06 Survival of Obligations ............................................................................................................70

18.07 Controlling Law .......................................................................................................................70

18.08 Assignment of Contract ..........................................................................................................71

18.09 Successors and Assigns ...........................................................................................................71

18.10 Headings .................................................................................................................................71


and American Society of Civil Engineers. All rights reserved.Section 00 72 00 Page 1 of 71


ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the



requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract.

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address.

c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment.

d. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the



recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

22. Engineer—The individual or entity named as such in the Agreement.

23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.

24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.

a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.

b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.

c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.

30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.

32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.



33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.

34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.

36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor.

39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.

41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work.



43. Successful Bidder—The Bidder to which the Owner makes an award of contract.

44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.

46. Technical Data

a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site.

b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor.

c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings.

47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.

48. Unit Price Work—Work to be paid for on the basis of unit prices.

49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.



1.02 Terminology

A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.

C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

1. does not conform to the Contract Documents;

2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04).

E. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.



F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2—PRELIMINARY MATTERS

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds).

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies.

C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.

2.03 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work



into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.05 Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule.

2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means.

B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long-term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents.



ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents.

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

G. Nothing in the Contract Documents creates:

1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or

2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility



inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies

1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01.

2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01.

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:

a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Requirements of the Contract Documents

A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work.



B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.

C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05 Reuse of Documents

A. Contractor and its Subcontractors and Suppliers shall not:

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or

2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents.

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier.

4.02 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date.

4.03 Reference Points

A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the



established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

4.04 Progress Schedule

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below.

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.

2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11.

B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

4.05 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. Abnormal weather conditions;

3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and

4. Acts of war or terrorism.



D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows:

1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference.

2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled.

3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11.

E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following:

1. The circumstances that form the basis for the requested adjustment;

2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work;

3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work;

4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and

5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07.

Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work.

F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E.

G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.



B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations.

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas

1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ANY SUCH CLAIM, AND AGAINST ALL COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OWNER OR OCCUPANT AGAINST OWNER, ENGINEER, OR ANY OTHER PARTY INDEMNIFIED HEREUNDER TO THE EXTENT CAUSED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART BY, OR BASED UPON, CONTRACTOR’S PERFORMANCE OF THE WORK, OR BECAUSE OF OTHER ACTIONS OR CONDUCT OF THE CONTRACTOR OR THOSE FOR WHICH CONTRACTOR IS RESPONSIBLE.

B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations.



C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.

5.03 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data;

2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and

3. Technical Data contained in such reports and drawings.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b.

D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;

3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or

4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.



5.04 Differing Subsurface or Physical Conditions

A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site:

1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate;

2. is of such a nature as to require a change in the Drawings or Specifications;

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part.

D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work.



E. Possible Price and Times Adjustments

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A;

b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,

c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E.

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:

a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise;

b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or

c. Contractor failed to give the written notice required by Paragraph 5.04.A.

3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order.

4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question.

F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions.

5.05 Underground Facilities

A. Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for:

1. reviewing and checking all information and data regarding existing Underground Facilities at the Site;



2. complying with applicable state and local utility damage prevention Laws and Regulations;

3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction;

4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility.

C. Engineer’s Review: Engineer will:

1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy;

2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor’s resumption of Work in connection with the Underground Facility in question;

3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and

4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations.

During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part.

E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work.



F. Possible Price and Times Adjustments

1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:

a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;

b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and

c. Contractor gave the notice required in Paragraph 5.05.B.

2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order.

3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question.

4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor’s remedies are limited to those set forth in this Paragraph 5.05.F.

5.06 Hazardous Environmental Conditions at Site

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site;

2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and

3. Technical Data contained in such reports and drawings.



B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;

2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition



and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08.

H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8.

I. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, OWNER SHALL INDEMNIFY AND HOLD HARMLESS CONTRACTOR, SUBCONTRACTORS, AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS, AND ALL COURT, ARBITRATION, OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION, PROVIDED THAT SUCH HAZARDOUS ENVIRONMENTAL CONDITION (1) WAS NOT SHOWN OR INDICATED IN THE DRAWINGS, SPECIFICATIONS, OR OTHER CONTRACT DOCUMENTS, IDENTIFIED AS TECHNICAL DATA ENTITLED TO LIMITED RELIANCE PURSUANT TO PARAGRAPH 5.06.B, OR IDENTIFIED IN THE CONTRACT DOCUMENTS TO BE INCLUDED WITHIN THE SCOPE OF THE WORK, AND (2) WAS NOT CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH 5.06.I OBLIGATES OWNER TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE.

J. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE FAILURE TO CONTROL, CONTAIN, OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE, OR TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH 5.06.J OBLIGATES CONTRACTOR TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE.



K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 6—BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract.

B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract.

C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts.

E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above.

F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16.

G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity.

H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity.

6.02 Insurance—General Provisions

A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions.



B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better.

C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions.

D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract.

E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract.

F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties.

H. Contractor shall require:

1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities



identified in the Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and

2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project.

I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner’s termination rights under Article 16.

K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly.

L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary.

M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise.

N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer.

6.03 Contractor’s Insurance

A. Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions.

B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must:

1. include at least the specific coverages required;

2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater;

3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty



or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract;

4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and

5. include all necessary endorsements to support the stated requirements.

C. Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must:

1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions;

2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds;

3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations);

4. not seek contribution from insurance maintained by the additional insured; and

5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations.

6.04 Builder’s Risk and Other Property Insurance

A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions.

B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D.

C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The



builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use.

E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense.

6.05 Property Losses; Subrogation

A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors.

1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused.

2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued.

B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss.



1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies.

C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss.

D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work.

6.06 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations.

C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.01 Contractor’s Means and Methods of Construction

A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not Owner-delegated professional design services



under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

7.02 Supervision and Superintendence

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

7.03 Labor; Working Hours

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site.

B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions.

C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.

7.04 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.



7.05 “Or Equals”

A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below.

1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if:

a. in the exercise of reasonable judgment Engineer determines that the proposed item:

1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3) has a proven record of performance and availability of responsive service; and

4) is not objectionable to Owner.

b. Contractor certifies that, if the proposed item is approved and incorporated into the Work:

1) there will be no increase in cost to the Owner or increase in Contract Times; and

2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents.

B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.

C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination.

D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract.



E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06.

7.06 Substitutes

A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site.

1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor.

2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application:

a. will certify that the proposed substitute item will:

1) perform adequately the functions and achieve the results called for by the general design;

2) be similar in substance to the item specified; and

3) be suited to the same use as the item specified.

b. will state:

1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times;

2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and

3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.

c. will identify:

1) all variations of the proposed substitute item from the item specified; and

2) available engineering, sales, maintenance, repair, and replacement services.

d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in



Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination.

C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.

D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.

F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal.

7.07 Concerning Subcontractors and Suppliers

A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents.

B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so.

C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection.

D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or



otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days.

E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier.

F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement.

G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.

H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.

I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers.

J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade.

K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer.

L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier.

M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract.

7.08 Patent Fees and Royalties

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its



use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents.

B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, OWNER SHALL INDEMNIFY AND HOLD HARMLESS CONTRACTOR, AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS, AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE SPECIFIED IN THE CONTRACT DOCUMENTS, BUT NOT IDENTIFIED AS BEING SUBJECT TO PAYMENT OF ANY LICENSE FEE OR ROYALTY TO OTHERS REQUIRED BY PATENT RIGHTS OR COPYRIGHTS.

C. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE NOT SPECIFIED IN THE CONTRACT DOCUMENTS.

7.09 Permits

A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.

7.10 Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

7.11 Laws and Regulations

A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. IF CONTRACTOR PERFORMS ANY WORK OR TAKES ANY OTHER ACTION KNOWING OR HAVING REASON TO KNOW THAT IT IS CONTRARY TO LAWS OR REGULATIONS, CONTRACTOR SHALL BEAR ALL RESULTING COSTS AND LOSSES, AND SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS,



PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH WORK OR OTHER ACTION. IT IS NOT CONTRACTOR’S RESPONSIBILITY TO MAKE CERTAIN THAT THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS IS IN ACCORDANCE WITH LAWS AND REGULATIONS, BUT THIS DOES NOT RELIEVE CONTRACTOR OF ITS OBLIGATIONS UNDER PARAGRAPH 3.03.

C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.

7.12 Record Documents

A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer.

7.13 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations.

B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs.

C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. all persons on the Site or who may be affected by the Work;

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.



D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection.

F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications.

H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.

I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion).

J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.14 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.15 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer



determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued.

7.16 Submittals

A. Shop Drawing and Sample Requirements

1. Before submitting a Shop Drawing or Sample, Contractor shall:

a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

b. determine and verify:

1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal;

2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto;

c. confirm that the Submittal is complete with respect to all related data included in the Submittal.

2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal.

3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself.

B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals.

1. Shop Drawings

a. Contractor shall submit the number of copies required in the Specifications.

b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C.

2. Samples

a. Contractor shall submit the number of Samples required in the Specifications.



b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C.

3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

C. Engineer’s Review of Shop Drawings and Samples

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto.

3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification.

5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B.

6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document.

8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4.

D. Resubmittal Procedures for Shop Drawings and Samples

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals.



2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges.

3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs

1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs:

a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents.

b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted.

c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal.

d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document.

2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05.

F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19.

7.17 Contractor’s General Warranty and Guarantee

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee.

B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08:

1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and



2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice.

C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:

1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

2. normal wear and tear under normal usage.

D. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17:

1. Observations by Engineer;

2. Recommendation by Engineer or payment by Owner of any progress or final payment;

3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

4. Use or occupancy of the Work or any part thereof by Owner;

5. Any review and approval of a Shop Drawing or Sample submittal;

6. The issuance of a notice of acceptability by Engineer;

7. The end of the correction period established in Paragraph 15.08;

8. Any inspection, test, or approval by others; or

9. Any correction of defective Work by Owner.

E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract.

7.18 Indemnification

A. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, AND IN ADDITION TO ANY OTHER OBLIGATIONS OF CONTRACTOR UNDER THE CONTRACT OR OTHERWISE, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM LOSSES, DAMAGES, COSTS, AND JUDGMENTS (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS, AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING FROM THIRD-PARTY CLAIMS OR ACTIONS RELATING TO OR RESULTING FROM THE PERFORMANCE OR FURNISHING OF THE WORK, PROVIDED THAT ANY SUCH CLAIM, ACTION, LOSS, COST, JUDGMENT OR DAMAGE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR TO DAMAGE TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE



LOSS OF USE RESULTING THEREFROM, BUT ONLY TO THE EXTENT CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE WORK, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE.

B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

7.19 Delegation of Professional Design Services

A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design.

B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations.

C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer.

D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents.

E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes:

1. Checking for conformance with the requirements of this Paragraph 7.19;

2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and

3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents.

F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer.



G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations.

ARTICLE 8—OTHER WORK AT THE SITE

8.01 Other Work

A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor.

C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work.

D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected.

E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3.

8.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be



set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:

1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. An itemization of the specific matters to be covered by such authority and responsibility; and

3. The extent of such authority and responsibilities.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.

8.03 Legal Relationships

A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E.

B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B.

2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor.

C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s



failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) INDEMNIFY AND HOLD HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ANY SUCH CLAIMS, AND AGAINST ALL COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO SUCH DAMAGE, DELAY, DISRUPTION, OR INTERFERENCE.

ARTICLE 9—OWNER’S RESPONSIBILITIES

9.01 Communications to Contractor

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.

9.02 Replacement of Engineer

A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer.

9.03 Furnish Data

A. Owner shall promptly furnish the data required of Owner under the Contract Documents.

9.04 Pay When Due

A. Owner shall make payments to Contractor when they are due as provided in the Agreement.

9.05 Lands and Easements; Reports, Tests, and Drawings

A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.

B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.

C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

9.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

9.07 Change Orders

A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.



9.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.

9.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

9.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.

9.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract (including obligations under proposed changes in the Work).

9.12 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION

10.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract.

10.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a



result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03 Resident Project Representative

A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07.

B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions.

10.04 Engineer’s Authority

A. Engineer has the authority to reject Work in accordance with Article 14.

B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16.

C. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19.

D. Engineer’s authority as to changes in the Work is set forth in Article 11.

E. Engineer’s authority as to Applications for Payment is set forth in Article 15.

10.05 Determinations for Unit Price Work

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work

A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

10.07 Limitations on Engineer’s Authority and Responsibilities

A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.



B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any.

10.08 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has been informed.

ARTICLE 11—CHANGES TO THE CONTRACT

11.01 Amending and Supplementing the Contract

A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order.

C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer.

11.02 Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off;

3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or



Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and

4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions.

B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed.

11.03 Work Change Directives

A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price.

B. If Owner has issued a Work Change Directive and:

1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive.

2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive.

11.04 Field Orders

A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly.

B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

11.05 Owner-Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation.



B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents.

C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations.

11.06 Unauthorized Changes in the Work

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2.

11.07 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12.

B. An adjustment in the Contract Price will be determined as follows:

1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03);

2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or

3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C).

C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be determined as follows:

1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent;

b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent;

c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the



costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work;

d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and

f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive.

11.08 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12.

B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05.

11.09 Change Proposals

A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues.

B. Change Proposal Procedures

1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision.



2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal.

a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E.

b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work.

The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event.

3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal.

4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B.

11.10 Notification to Surety

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.



ARTICLE 12—CLAIMS

12.01 Claims

A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article:

1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;

2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents;

3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and

4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B.

B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer.

D. Mediation

1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process.

2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator.

3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs.

E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.



F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

13.01 Cost of the Work

A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes:

1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or

2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.

B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items:

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner.

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in



connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work.

5. Other costs consisting of the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item.

c. Construction Equipment Rental

1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work.

2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs.



3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work.

d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder’s risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site.

h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work.

i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work does not include any of the following items:

1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.

2. The cost of purchasing, renting, or furnishing small tools and hand tools.

3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.

4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.



5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

6. Expenses incurred in preparing and advancing Claims.

7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.

D. Contractor’s Fee

1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then:

a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement.

b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows:

1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes.

2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2.

2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2.

E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor.

13.02 Allowances

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

B. Cash Allowances: Contractor agrees that:

1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in



the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid.

C. Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted.

13.03 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item.

D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph.

E. Adjustments in Unit Price

1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:

a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and

b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change.

2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor.

3. Adjusted unit prices will apply to all units of that item.



ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

14.01 Access to Work

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable.

14.02 Tests, Inspections, and Approvals

A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work;

3. by manufacturers of equipment furnished under the Contract Documents;

4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and

5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.

F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by



Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice.

14.03 Defective Work

A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.

B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.

D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.

E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.

14.04 Acceptance of Defective Work

A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.

14.05 Uncovering Work

A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.



B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense.

C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.

2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

14.06 Owner May Stop the Work

A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

14.07 Owner May Correct Defective Work

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include



but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07.

ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

15.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.

B. Applications for Payments

1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents.

2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation establishing full payment by Contractor for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.

3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.

4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

C. Review of Applications

1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.



2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief:

a. the Work has progressed to the point indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and

c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.

3. By recommending any such payment Engineer will not thereby be deemed to have represented that:

a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or

b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer:

a. to supervise, direct, or control the Work;

b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto;

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work;

d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or

e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.

6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because:

a. the Work is defective, requiring correction or replacement;



b. the Contract Price has been reduced by Change Orders;

c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.

D. Payment Becomes Due

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor.

E. Reductions in Payment by Owner

1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following:

a. Claims have been made against Owner based on Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Contractor has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;

f. The Work is defective, requiring correction or replacement;

g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;

h. The Contract Price has been reduced by Change Orders;

i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause;

j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work;

k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or



l. Other items entitle Owner to a set-off against the amount recommended.

2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement.

15.02 Contractor’s Warranty of Title

A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner.

15.03 Substantial Completion

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial



Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.

15.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions:

1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work.

2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance.

15.05 Final Inspection

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or



agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

15.06 Final Payment

A. Application for Payment

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment.

2. The final Application for Payment must be accompanied (except as previously delivered) by:

a. all documentation called for in the Contract Documents;

b. consent of the surety, if any, to final payment;

c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.

d. a list of all duly pending Change Proposals and Claims; and

e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

B. Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.



C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07.

D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment and issuance of notice of the acceptability of the Work.

E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer.

15.07 Waiver of Claims

A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17.

15.08 Correction Period

A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:

1. correct the defective repairs to the Site or such adjacent areas;

2. correct such defective Work;

3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures.

B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B.

C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner’s written instructions, or in an



emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay.

D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.

E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION

16.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work.

16.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule);

2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;

3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or

4. Contractor’s repeated disregard of the authority of Owner or Engineer.



B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to:

1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and

2. enforce the rights available to Owner under any applicable performance bond.

C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.

G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

16.03 Owner May Terminate for Convenience

A. Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in



connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and

3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination.

16.04 Contractor May Stop Work or Terminate

A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph.

ARTICLE 17—FINAL RESOLUTION OF DISPUTES

17.01 Methods and Procedures

A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article:

1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and

2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made.

B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may:

1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions;

2. agree with the other party to submit the dispute to another dispute resolution process; or

3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.



ARTICLE 18—MISCELLANEOUS

18.01 Giving Notice

A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered:

1. in person, by a commercial courier service or otherwise, to the recipient’s place of business;

2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or

3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line.

18.02 Computation of Times

A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

18.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

18.04 Limitation of Damages

A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

18.05 No Waiver

A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract.

18.06 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor.

18.07 Controlling Law

A. This Contract is to be governed by the law of the state in which the Project is located.



18.08 Assignment of Contract

A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract.

18.09 Successors and Assigns

A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

18.10 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

Supplementary Conditions 00 73 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 73 00 SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement Section 00 72 00 “General Conditions.” The General Conditions remain in full force and effect except as amended.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below.

The paragraph numbers used in the Supplementary Conditions correspond to the General Condition paragraphs they modify with the prefix "SC" added—for example, “Paragraph SC-4.05.” modifies General Conditions Paragraph 4.05.

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

SC-1.01 Defined Terms

A. Supplement Paragraph 1.01.A by inserting the following defined terms as numbered items in their proper alphabetical positions:

1. Bid Security—The financial security provided by Offeror at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and bonds required by the Contract Documents are provided.

2. Construction Manager—The individual or entity named as the Construction Manager in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management as advisor services to the Owner.

3. Contract Amendment—A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which:

a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or

b. Modifies the terms and conditions of the Contract, but does not make changes in the Work.

4. Contractor’s Team—Contractor, Subcontractors, Suppliers, and individuals or entities directly or indirectly employed or retained by Contractor, Subcontractors, or Suppliers to perform part of the Work, or anyone for whose acts they may be liable.

5. Defective—When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. Does not conform to the Contract Documents;

b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or

c. Has been damaged prior to Construction Manager’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04.


6. Design Professional—The individuals or entity named as the Architect or Engineer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Design Professional to provide design or other technical services to the Owner. Design Professional has responsibility for design and technical issues related to the Contract Documents.

7. Final Completion—The point where the Work is complete in accordance with the Contract Documents, items and documents required by the Contract Documents have been accepted by the Owner and the Project is ready for Final Payment.

8. Indemnified Costs—All costs, losses, judgments, and damages resulting from claims or demands against Owner’s Indemnitees. These costs include fees for design professionals, attorneys, and other professionals and any legal, court, arbitration, or other dispute resolution costs.

9. Manufacturer—The individual or entity that designs, casts, fabricates, manufactures, assembles, tests, and provides materials or equipment to be incorporated in the Work.

10. Modification—Change made to the Contract Documents by Contract Amendment, Change Order, Field Order, or Work Change Directive.

11. Offeror—An individual or entity that submits a Bid or Proposal to Owner. When used in the Bidding Documents, Proposal Documents, or Contract Documents, the term Bidder has the same meaning as the term Offeror.

12. Owner’s Budget—The amount budgeted by the Owner for the construction of the Project.

13. Owner’s Indemnitees—Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors.

14. Owner’s Project Team (OPT)—The Owner, Design Professional, Construction Manager, and the other entities identified in the Supplementary Conditions and the consultants, subconsultants, individuals or entities directly or indirectly employed or retained by them to provide services to the Owner. The OPT consists of the following organizations:

a. City of Buda, Texas

b. Freese and Nichols, Inc.

15. Project Construction Manager (PCM)—The authorized representative of the OPT assigned to assist the Construction Manager at the Site. The term Project Construction Manager includes assistants and field staff of the Construction Manager.

16. Project Management Information System (PMIS)—The online project management system that will be used by OPT and Contractor to submit and share documentation and other related communications and information for this Project.

17. Proposal Documents—The Proposal Requirements, the proposed Contract Documents, and Addenda. When used in the Proposal Requirements or Contract Documents, the term Bidding Documents has the same meaning as the term Proposal Documents.


18. Proposal Requirements—The Invitation to Bid or Request for Proposals, Instructions to Offerors, Bid Security or Proposal Security, Bid Form or Proposal Form and attachments, and required certifications and affidavits. When used in the Proposal Requirements or Contract Documents, the term Bidding Requirements has the same meaning as the term Proposal Requirements.

19. Proposal Security—The financial security provided by Offeror at the time the Proposal is submitted and held by Owner until the Agreement is executed and the evidence of insurance and bonds required by the Contract Documents are provided. When used in the Proposal Requirements or Contract Documents, the term Bid Security has the same meaning as the term Proposal Security.

20. Schedule of Anticipated Payments—A detailed tabulation, prepared and maintained by Contractor, showing the anticipated amount of each Application for Payment and the month in which they will be submitted.

21. Schedule of Documents—A detailed tabulation, prepared and maintained by Contractor, of each required document submittal and the time requirements for review and approval of each submittal. When used in the Bidding Requirements, Proposal Requirements, or Contract Documents, the term Schedule of Submittals has the same meaning as the term Schedule of Documents.

SC-1.02 Terminology

A. Supplement Paragraph 1.02 by adding the following paragraphs:

“H. The terms "includes" and “including" are used as terms of enlargement and not of limitation or exclusive enumeration, and use of these terms does not create a presumption that components not expressed are excluded. The terms “consist of” or “consisting of” limits the interpretation to only those items specifically listed.”

“I. It is understood that the cost of providing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions like “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to include the cost of this Work in their Contract Price and perform or provide specified Work without an increase in the Contract Price.”

“J. Written documents are required where reference is made to notices, reports, approvals, consents, statements, instructions, opinions, or other types of documentation or communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s Project Management Information System or other electronic media as required by the Contract Documents or approved by the Construction Manager.”

“K. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice.”


ARTICLE 2—PRELIMINARY MATTERS

SC-2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

A. Delete Paragraph 2.01.B in its entirety and insert the following in its place:

“B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver copies of the insurance policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) required to be provided by Contractor in this Contract. Contractor may redact any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.”

B. Delete Paragraph 2.01.C in its entirety.

SC-2.02 Copies of Documents

A. Delete Paragraphs 2.02.A and 2.02.B in their entirety and insert the following in their place:

“A. Owner shall furnish one fully signed counterpart of the Agreement and one copy of the executed Contract Documents in electronic Portable Document Format (PDF). This document is the Project Record Copy of the Contract Documents. Contractor may make as many prints of the documents as needed for construction. Engineer will not provide printed or hard copies to the Contractor.”

ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

SC-3.01 Intent

A. Delete Paragraph 3.01.A in its entirety and insert the following in its place:

“A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. The Drawings and Specifications do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. Provide any work, materials, or equipment required for a complete and functional system even if they are not detailed or specified.

1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements apply to each and all Sections of the Specifications unless specifically noted otherwise.

2. Organization of Contract Documents is not intended to control or to lessen the responsibility of the Contractor when dividing Work among Subcontractors, or to establish the extent of Work to be performed by any trade, Subcontractor, or Supplier. Specifications or details do not need to be indicated or specified in each specification or drawing. Items shown in the Contract Documents are applicable regardless of location in the Contract Documents.

3. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various


requirements of the Specifications. Titles do not define, limit, or otherwise restrict specification text.”

B. Supplement Paragraph 3.01.D by adding the following sentence:

“The Contract Documents comprise the entire Agreement between Owner and Contractor and may be modified only by Field Order, Change Order, Contract Amendment, or Work Change Directive.”

C. Supplement Paragraphs 3.01 by adding the following paragraphs:

“H. Where compliance with two or more standards is specified and they establish different or conflicting requirements for minimum quantities or quality levels, Contractor shall comply with the most stringent requirements unless the Contract Documents indicate otherwise.

1. Quantity or quality level shown or indicated shall be the minimum to be provided or performed in every instance.

2. Actual installation shall comply exactly with minimum quality indicated or may exceed that minimum within reasonable limits.

3. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for context of requirements.

4. Refer instances of uncertainty to the Engineer for a decision before proceeding.”

“I. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications.”

SC-3.02 Reference Standards

A. Supplement Paragraph 3.02.A by adding the following subparagraph:

“3. Comply with applicable construction industry standards as if bound or copied directly into the Contract Documents regardless of lack of reference in the Contract Documents. Apply provisions of the Contract Documents where Contract Documents include more stringent requirements than the referenced standards.

a. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable.

b. Comply with standards not referenced but recognized in the construction industry as applicable for performance of the Work except as otherwise limited by the Contract Documents. The Engineer will determine whether codes or standards are applicable to the performance of the Work.

c. Make copies of reference standards available as requested by Engineer or Owner.”


SC-3.03 Reporting and Resolving Discrepancies

A. Delete Paragraph 3.03.A.3 in its entirety and insert the following in its place:

“3. In the event of a conflict in the Drawings, Specifications, or other portions of the Contract Documents which were not reported prior to the bidding of the Contract, the Contractor shall be deemed to have included the most expensive item, system, procedure, etc. in its Bid or Proposal.”

SC-3.05 Reuse of Documents

A. Delete the last sentence of Paragraph 3.05.B and insert the following in its place:

“Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes, unless specifically prohibited in writing by the Owner for security reasons. If the Owner so directs, Contractor shall surrender all copies of the construction Contract Documents and other related documents, in paper or digital format and remove these documents from computer equipment or storage devices as a condition of final payment.”

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

SC 4.04 Progress Schedule

A. Supplement Paragraph 4.04 by adding the following paragraph:

“C. Contractor assumes and bears responsibility for all costs and time delays associated with any variation from the requirements of the Contract Documents.”

ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

SC 5.01 Availability of Lands

A. Supplement Paragraph 5.01.C by adding the following sentence:

“A copy of the written agreements for the use of such land shall be provided to the Owner for record purposes.”

SC-5.03 Subsurface and Physical Conditions

A. This Supplementary Condition identifies the reports and drawings referenced in Paragraph 5.03 of the General Conditions related to subsurface and physical conditions.

1. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely:

Report Title Report Date Technical DataNone

2. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures


at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely:

Drawing Title Drawing Date Technical DataMeadows at Buda Lift Station & Force Main Improvements

November 3, 2005 None

3. Copies of reports and drawings may be downloaded from the project procurement website.

SC 5.04 Differing Subsurface or Physical Conditions

A. Amend Paragraph 5.04.A by deleting the word “promptly” and inserting “promptly, but no later than within 3 days,” in its place.

SC 5.05 Underground Facilities

A. Amend Paragraph 5.05.B by deleting the word “promptly” and inserting “promptly, but no later than within 3 days,” in its place.

SC-5.06 Hazardous Environmental Conditions at Site

A. This Supplementary Condition identifies the reports and drawings referenced in Paragraph 5.06 of the General Conditions related to Hazardous Environmental Conditions at the Site.

1. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely:

Report Title Report Date Technical DataNone

2. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely:

Drawing Title Drawing Date Technical DataNone

3. Copies of reports and drawings may be downloaded from the project procurement website.

B. Delete Paragraph 5.06.I in its entirety.

ARTICLE 6—BONDS AND INSURANCE

SC-6.01 Performance, Payment, and Other Bonds

A. Supplement Paragraph 6.01 by adding the following paragraphs:

“I. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond or payment bond. By Contractor furnishing and Owner accepting these bonds,


they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor under these bonds, subject to

“J. Contractor or surety on behalf of Contractor shall promptly notify the Owner of all claims filed against the payment bond. When a claimant has satisfied the conditions prescribed by Laws and Regulations, the Contractor, or surety on behalf of Contractor, shall, with reasonable promptness, notify the claimant and Owner of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Contractor, or surety on behalf of Contractor shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Contractor or surety on behalf of Contractor to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Contractor or surety as to such claim or otherwise constitute a waiver of the Contractor’s or surety’s defenses to, or right to dispute, such claim.

“K. Owner shall not be liable for payment of any costs or expenses of any claimant under payment bonds, and shall have no obligations to make payments to, give notices on behalf of, or otherwise have obligations to claimants under payment bonds.”

SC-6.02 Insurance—General Provisions


“A. Obtain and maintain insurance in accordance with Section 00 73 16 “Insurance Requirements.””

SC-6.05 Property Losses; Subrogation

A. Delete the words “Owner and Contractor waive” in the first sentence of Paragraph 6.05.A.1 and replace it with the words “Contractor waives”.

B. Delete Paragraph 6.05.B.1 in its entirety.

SC 6.06 Receipt and Application of Property Insurance Proceeds

A. Delete Paragraph 6.06 in its entirety.

SC-6.07 Owner’s Insurance for Project

A. Add a new Paragraph 6.08 as follows:

“6.07 Owner’s Insurance for Project

A. Owner shall not be responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Contractor shall determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from or connected with operations under this Contract whether or not said losses are covered by insurance. The acceptance of certificates


or other evidence of insurance by the Owner, Engineer, and/or others listed as an additional insured, that in any respect do not comply with the Contract requirements does not release the Contractor from compliance herewith.”

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

SC-7.03 Labor; Working Hours

A. Delete Paragraph 7.03.C in its entirety and insert the following in its place:

“C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, no Work shall be performed at the Site between 6:00 p.m. and 7:00 a.m. Contractor will not permit the performance of Work on a Saturday, Sunday, or any Owner holiday without Owner’s written consent. Should Contractor desire to work on these days, Contractor shall contact the Owner, in writing, for approval at least 48 hours in advance. Emergency work may be done without prior permission. Tie ins and connections to existing facilities will be made at time authorized by the Owner. Owner's legal holidays are as published by the City.”

B. Supplement Paragraph 7.03 by adding the following paragraph:

“D. Contractor shall be responsible for the cost of overtime pay or other expense incurred by the Owner for Construction Management Services, Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. For purposes of administering the foregoing requirement, additional overtime costs will be billed at rates shown in SC-15.01.E.”

SC-7.08 Patent Fees and Royalties

A. Delete Paragraph 7.08.B in its entirety.

SC-7.10 Taxes

A. Add a new paragraph immediately after Paragraph 7.10.A:

“A. The Owner qualifies as an exempt agency as defined by the statutes of the State of Texas. The Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.”

1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work.

2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work.


SC-7.15 Emergencies

A. Amend Paragraph 7.15.A by deleting the last sentence and inserting the following in its place:

“Contractor may submit a Change Proposal if the incident giving rise to the emergency action was not the responsibility of the Contractor and a change in the Contract Documents is required because of the emergency or the action taken by Contractor in response to such an emergency.”

SC-7.16 Submittals

A. Delete Paragraph 7.16.A.3 in its entirety and insert the following in its place:

“3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents on a Shop Drawing Deviation Request form provided by the Engineer and request that a Field Order or Change Order be issued for each of the specific variations submitted for approval. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation.”

B. Delete Paragraph 7.16.C.4 in its entirety and insert the following in its place:

“4. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A and Engineer has given written approval of each such variation by issuing a Field Order or Change Order. If the proposed Modification is approved by the Engineer, the submittal will be considered to be in strict compliance with the Contract Documents and it will be reviewed in accordance with the Contract Documents. If the proposed Modification is not approved, the submittal will be returned to the Contractor with appropriate comments. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A.”

C. Delete Paragraph 7.16.D.1 in its entirety and insert the following in its place:

“1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Resubmittals shall reference and respond directly to Engineer’s previous comments. Any variations from strict compliance with the Contract Documents will be identified in the same manner as required in Paragraph 7.16.A and will require the same approvals.”

ARTICLE 8—OTHER WORK AT THE SITE

SC-8.02 Coordination


“C. Work to be performed by others is listed in Section 01 11 00 “Summary of Work.””


SC-8.04 Claims Between Contractors

A. Supplement Article 8 by adding the following paragraph:

“8.04 Claims between Contractors

A. Should Contractor cause damage to the work or property of any other contractor at the Site, or should any claim arising out of Contractor’s performance of the Work at the Site be made by any other contractor against Contractor, Owner, Engineer, or the construction coordinator, then Contractor (without involving Owner, Engineer, or construction coordinator) shall either (1) remedy the damage, (2) agree to compensate the other contractor for remedy of the damage, or (3) remedy the damage and attempt to settle with such other contractor by agreement, or otherwise resolve the dispute by arbitration or at law.

B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS EACH MEMBER OF THE OPT FROM AND AGAINST ALL CLAIMS AND INDEMNIFIED COSTS ARISING DIRECTLY, INDIRECTLY OR CONSEQUENTIALLY OUT OF ANY ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY OTHER CONTRACTOR AGAINST MEMBERS OF THE OPT TO THE EXTENT SAID CLAIM IS BASED ON OR ARISES OUT OF CONTRACTOR’S PERFORMANCE OF THE WORK. SHOULD ANOTHER CONTRACTOR CAUSE DAMAGE TO THE WORK OR PROPERTY OF CONTRACTOR OR SHOULD THE PERFORMANCE OF WORK BY ANY OTHER CONTRACTOR AT THE SITE GIVE RISE TO ANY OTHER CLAIM, CONTRACTOR SHALL NOT INSTITUTE ANY ACTION, LEGAL OR EQUITABLE, AGAINST MEMBERS OF THE OPT OR PERMIT ANY ACTION AGAINST ANY OF THEM TO BE MAINTAINED AND CONTINUED IN ITS NAME OR FOR ITS BENEFIT IN ANY COURT OR BEFORE ANY ARBITER WHICH SEEKS TO IMPOSE LIABILITY ON OR TO RECOVER DAMAGES FROM MEMBERS OF THE OPT ON ACCOUNT OF ANY SUCH DAMAGE OR CLAIM.

C. Contractor may submit a Change Proposal for an extension of Contract Times, in accordance with Article 11, if Contractor is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor. An extension of the Contract Times will be Contractor’s exclusive remedy with respect to members of the OPT for any delay, disruption, interference, or hindrance caused by any other contractor.”


ARTICLE 9—OWNER’S RESPONSIBILITIES

SC-9.13 Owner’s Site Representative


“9.13 Owner’s Site Representative

A. Owner will furnish an “Owner’s Site Representative” to represent Owner at the Site and assist Owner in observing the progress and quality of the Work. The Owner’s Site Representative is not Engineer’s consultant, agent, or employee. Article 10—Engineer’s Status During Construction

SC-10.03 Resident Project Representative

A. Supplement Paragraph 10.03.A by adding the following subparagraph:

“1. The Engineer will not furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work on this Project by agreement with the Owner.”

ARTICLE 11—CHANGES TO THE CONTRACT

SC-11.02 Change Orders


“C. Contractor assumes and bears responsibility for all costs and time delays associated with any variation from the requirements of the Contract Documents unless the variation is specifically approved by Change Order.”

SC-11.11 No Damage for Delays


“11.11 No Damage for Delays

A. The Contractor agrees to make no Claims for damage for delay in the performance of the Contract occasioned by any act or omission to act of the Owner, Engineer, or any of the Engineer’s or Owner’s agents, and agrees that any such Claim shall be fully compensated by an extension of time, as set forth in a Change Order, to complete performance of the Work as provided herein.”

ARTICLE 12—CLAIMS

SC-12.01 Claims

A. Amend Paragraph 12.01.B by deleting “but in no event later than 30 days” and inserting “but in no event later than 7 days” in its place.


ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

SC-13.01 Cost of the Work

A. Amend Paragraph 13.01.B by deleting the following words in the first sentence:

“commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items:”

and insert the following in its place:

“those paid for the Work included in the Contract Price, and shall not include any of the costs itemized in Paragraph 13.01.C. Contractor shall provide certified payroll records listing personnel classifications and salaries for all individuals involved in additional Work. Salaries for those not included in the certified payroll will be considered as being compensated under Paragraph 13.01.C, and shall include only the following items:”

B. Amend Paragraph 13.01.B.1 by deleting the following words in the second sentence:

“, without limitation, superintendents, foremen”

and inserting the following in its place:

“one foreman (unless agreed upon prior to beginning Work)”

C. Amend Paragraph 13.01.B.1 by deleting the following words in the last sentence:

“be included in the above”

and inserting the following in its place:

“not exceed 1.5 times regular pay and shall be included in the above”

D. Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence:

“The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of EquipmentWatch Cost Recovery Rental Rate Blue Book.”

E. Amend Paragraph 13.01.C.1 by adding “superintendents” to the list of excluded personnel in the first sentence.

F. Supplement Paragraph 13.01.C.2 by adding the following sentence:

“a. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $500.”

SC-13.03 Unit Price Work

A. Delete Paragraph 13.03.E in its entirety and insert the following in its place:

“E. Adjustments in Unit Price


1. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions:

a. If the total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of such item indicated in the Agreement; and

b. If there is no corresponding adjustment with respect to any other item of Work; and

c. If Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the Unit Price, either the Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variation in the quantity of the Unit Price Work performed.”

ARTICLE 15—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD

SC-15.01 Progress Payments

A. Delete Paragraph 15.01.B.1 in its entirety and insert the following in its place:

“1. On the first working day following the 25th of each month, Contractor shall submit to Owner for review an Application for Payment, filled out and signed by Contractor, covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents.”

B. Amend Paragraph 15.01.C.1 by deleting “10” and inserting “30” in its place.

C. Amend Paragraph 15.01.E.1 by deleting Subparagraph 15.01.E.1.l and adding the following in its place:

“l. Owner has been notified of failure to make payments to Subcontractors or Suppliers or for labor;”

“m. failure to submit up to date record documents as required by the Contract Documents;”

“n. failure to submit monthly Progress Schedule updates or revised schedules as requested by the Owner or Engineer;”

“o. failure to provide Project videos or photographs required by the Specifications;”

“p. Other items entitle Owner to a set off against the amount recommended.”

D. Amend Paragraph 15.01.E.3 by deleting “and subject to interest as provided in the Agreement.”

E. Supplement Paragraph 15.01.E by adding the following subparagraph:

“4. Owner may permanently withhold payment from Contract Price for:

a. Liquidated damages incurred by Contractor.


b. Compensation for OPT for overtime charges of Construction Manager, Resident Project Representative, third review of submittals, review of substitutions, re inspection fees, inspections, or designs related to correction of defective Work, or other Services identified as requiring payment by the Contractor.

1) Compensation will be based on the following rates:

Position Hourly RatePrincipal in Charge $250Project Manager $161Project Engineer $79Design Engineer $161Engineering Technician $99Clerk $99

2) Expenses will be billed at the actual cost multiplied by 1.15.

c. Costs for tests performed by the Owner to verify that Work previously tested and found to be defective has been corrected. Verification testing is to be provided at the Contractor’s expense to verify products or constructed works are in compliance after corrections have been made.”

F. Supplement Paragraph 15.01 by adding the following paragraph:

“F. For contracts in which the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work (as measured by reference to the Schedule of Values), or present a potential conflict with the Guaranteed Maximum Price, then Owner may require that Contractor prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guaranteed Maximum Price (if any), through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payment.”

SC-15.03 Substantial Completion

A. Supplement Paragraph 15.03.B by adding the following subparagraph:

“1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15.”

SC-15.06 Final Payment

A. Delete Paragraph 15.06.E in its entirety and insert the following in its place:

“E. Final Payment Becomes Due: The first working day following the 10th day of the second month following the submittal of the final Application for Payment and


accompanying documentation, the amount recommended by the Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to set offs for liquidated damages and set offs allowed under the provisions above with respect to progress payments) will become due and will be paid by Owner to Contractor.”

SC-15.08 Correction Period


“G. When early acceptance of a Substantially Completed portion of the Work is accomplished in the manner indicated in the Contract Documents, the correction period for that portion of the Work shall commence at the time of Substantial Completion of that Work.”

ARTICLE 16—SUSPENSION OF WORK AND TERMINATION

SC-16.02 Owner May Terminate for Cause

A. Delete Subparagraphs 16.02.A.3 and 16.02.A.4 in their entirety and replace them with the following:

“3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;”

“4. Contractor’s repeated disregard of the authority of Owner or Engineer;”

“5. Contractor fails to provide a replacement bond or insurance coverage as required by the General Conditions and as amended by the Supplementary Conditions; or”

“6. If any petition of bankruptcy is filed by or against Contractor, or if Contractor is adjudged as bankrupt or insolvent or makes a general assignment for the benefit of creditors, or if a receiver is appointed for the benefit of Contractor’s creditors, or if a receiver is appointed on account of Contractor’s insolvency, upon the occurrence of any such event, Owner shall be entitled to request of Contractor or its successor in interest adequate assurance of future performance in accordance with the terms and conditions hereof. Failure to comply with such request within 7 days of delivery of the request shall entitle Owner to terminate this Agreement and to the accompanying rights set forth in Article 16 of the General Conditions. In all events pending receipt of adequate assurance of performance and actual performance in accordance therewith, Owner shall be entitled to proceed with the Work with its own forces or with other contractors on a time and material or other appropriate basis. The cost of work by Owner or other contractors will be back charged against the Contract Sum hereof.”

B. Delete Paragraph 16.02.G in its entirety.


ARTICLE 17—FINAL RESOLUTION OF DISPUTES

SC-17.01 Methods and Procedures

A. Delete Paragraph 17.01 in its entirety and insert the following in its place:

“17.01 Methods and Procedures

A. Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Law.”

B. The following method of dispute resolution is identified as required by Paragraph 17.01.B of the General Conditions:

1. In accordance with NCGS §143-128(f1), any claim, dispute, or other matter in question involving greater than $15,000 arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceeding by either party. The Owner has adopted the North Carolina State Building Commission’s dispute resolution process. The process entitled “Rules Implementing Mediated Settlement Conferences in North Carolina Construction Projects” is attached to this Section.

2. For any claim, dispute, or other matter in question involving less than $15,000, the Owner and Contractor may agree to submit the matter to the dispute resolution process or exercise such rights or remedies as either may otherwise have under the Contract Documents or by Law.

ARTICLE 18—MISCELLANEOUS

SC-18.02 Computation of Times


“B. All references and conditions for a “Calendar Day Contract” in the General Conditions and Supplementary Conditions shall apply for a “Fixed Date Contract.” A “Fixed Date Contract” is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the actual calendar days involved.”

SC-18.10 Headings


“A. The Article and paragraph headings in this Agreement are inserted for convenience only and do not constitute parts of these General Conditions or act as a limitation of the scope of the particular section to which they refer. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either party.”


SC-18.09 Independent Contractor


“18.11 Independent Contractor

A. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership, or formal business organization of any kind.”

SC-18.12 Severability


“18.12 Severability

A. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.”

SC-18.13 No Third Party Beneficiaries


“18.13 No Third Party Beneficiaries

A. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement.”

SC-18.14 Sovereign Immunity


“18.14 Sovereign Immunity

A. The parties agree that the Owner has not waived its sovereign immunity by entering into and performing its obligations under this Agreement.”

END OF SECTION

Insurance Requirements 00 73 16 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 73 16 INSURANCE REQUIREMENTS

ARTICLE 1 – GENERAL PROVISIONS

1.01 CONTRACTOR’S INSURANCE

A. Obtain and maintain insurance that complies with this Section with coverage amounts equal to or greater than the amounts specified in Article 2 or greater where required by Laws and Regulations.

B. Coverage is to remain in effect at least until the Work is complete and longer if expressly required elsewhere in this Contract, and when Contractor may be correcting, removing, or replacing Defective Work as a warranty or correction obligation, or returning to the Site to conduct other tasks arising from the Contract.

C. Coverage is to apply with respect to the performance of the Work, whether performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

D. Obtain insurance from companies that are duly licensed or authorized in the state in which the Project is constructed to issue insurance policies for the required limits and coverages and that have an A.M. Best rating of A-VIII or better.

E. Alternative forms of insurance coverage, including self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not acceptable to meet the insurance requirements of this Contract.

F. Owner will not purchase or maintain insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary and including the cost of this insurance in the offered Contract Price.

G. Contractor is fully responsible for all losses arising out of, resulting from or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, or others listed as an additional insured, that does not comply with the Contract requirements does not release the Contractor from the requirement to comply with Contract requirements.

H. The required insurance and insurance limits do not limit the Contractor’s liability under the indemnities granted to Owner’s Indemnitees in the Contract Documents.

I. Do not perform any Work on the Project unless the required insurance policies are in effect. Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under the General Conditions if Contractor fails to obtain or maintain the required insurance.

J. Policies must provide notice before cancellation, non-renewal or any material change in the policy’s terms and conditions as described in Paragraph 1.04.D. Contractor is to notify Owner and the additional insured of any notice received within 3 days of receipt of a notice


by Contractor. Contractor is to cease all Work covered by cancelled or non-renewed insurance if suitable coverage is not in place in time to prevent a lapse in coverage. Contractor is solely responsible for any delays associated with lapsed coverage.

K. Owner may elect, but is in no way obligated, to obtain equivalent insurance to protect Owner’s interests without prejudice to any other right or remedy if the Contractor fails to obtain or maintain the required insurance. Owner may impose a reasonable set-off against payments to recover the cost of the insurance.

L. Owner’s policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s policies to meet any of Contractor’s obligations to the Owner, Design Professional, or third parties.

1.02 SUBCONTRACTOR OR SUPPLIER INSURANCE

A. Require Subcontractors to purchase and maintain workers’ compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project. Include OPT as additional insureds on Subcontractor’s policies in accordance with Paragraph 1.03.

B. Require Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project.

C. Contractor is liable for all losses that would have been covered by Subcontractor or Supplier insurance if Subcontractor or Supplier fails to provide coverage.

1.03 ADDITIONAL INSURED

A. The following are to be named as an additional insured on all insurance policies, except workers’ compensation insurance, builder’s risk insurance, and the Contractor’s professional liability insurance:

1. City of Buda, TexasAttn: Risk Management405 E. Loop Street, Building 100Buda, Texas 78610

2. Freese and Nichols, Inc.Attn: Risk Management4055 International PlazaFort Worth, Texas 76109

B. All insurance related notices are to be sent to the addresses listed above.

C. Notify the Owner and additional insured if the Contractor fails to purchase or maintain the insurance required by the Contract Documents.

D. All insurance policies must include a waiver of subrogation in favor of each additional insured.

E. Provide for an endorsement that the “other insurance” clause will not apply to the OPT where the OPT is an additional insured. Contractor’s insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract.


1.04 EVIDENCE OF INSURANCE

A. Deliver evidence of insurance, in accordance with this Section, to the Owner with the signed Contract Documents to demonstrate that Contractor has obtained the policies, coverages, and endorsements required by the Contract.

1. Continue to provide evidence Contractor is maintaining the required insurance for the duration of the Contract Times and such extended periods as required by the Contract Documents.

2. Provide this evidence of insurance to Owner and each additional insured.

3. Contractor may block out (redact) any confidential premium or pricing information and wording specific to a project or jurisdiction in any policy or endorsement furnished under this paragraph not applicable to this Contract.

B. OPT’s failure to demand evidence of insurance or verify the Contractor’s full compliance with insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor’s obligation to obtain and maintain the insurance required by the Contract Documents

C. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance:

1. Copy of insurance policies;

2. Certificates of insurance on an acceptable form;

3. Full disclosure of exclusions;

4. Declaration pages, riders, or endorsements to policies;

5. Documentation of deductibles;

6. List of named and additional insureds for each policy; and

7. Evidence that waivers of subrogation are provided on applicable policies.

D. Provide evidence of a requirement in the policy that at least 10 days’ notice will be given before cancellation, non-renewal or any material change in the policy’s terms and conditions including:

1. Type of coverage provided;

2. Riders or endorsements to policies;

3. Policy limits of coverage;

4. Change in deductible amount;

5. Status of named or additional insured; or

6. Waivers of subrogation.

E. Certificates of Insurance:

1. Submit certificates of insurance meeting the applicable requirements of the applicable state department of insurance. No requirement of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a form that has not first been filed with and/or approved by the applicable state department of insurance.


2. Include the name of the Project in the description of operations box on the certificate of insurance, and the name of each additional insured.

F. Continuing Evidence of Coverage:

1. Provide updated, revised, or new evidence of insurance prior to the expiration of existing policies. A certificate of insurance is acceptable as evidence of renewal of insurance policies, provided no changes are made in the policy originally provided with signed Contract Documents.

2. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years.

ARTICLE 2 – INSURANCE COVERAGE AMOUNTS AND POLICY REQUIREMENTS

2.01 CONTRACTOR’S INSURANCE

A. Workers’ Compensation and Employer’s Liability Insurance:

1. Purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation, including off-site operations.

2. Provide the following coverage with not less than the minimum limits indicated:

Workers’ Compensation and Related Insurance Policy LimitsWorkers’ CompensationState StatutoryApplicable Federal (e.g., Longshore) StatutoryForeign Voluntary Workers’ Compensation (Employer’s Responsibility Coverage), if Applicable Statutory

Employers’ LiabilityEach Accident $1,000,000Each Employee $1,000,000Policy Limit $1,000,000

B. Commercial General Liability

1. Purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for:

a. Damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees;

b. Damages insured by reasonably available personal injury liability coverage; and

c. Damages because of injury to or destruction of tangible property wherever located, including loss of use resulting from the damage.

2. Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form).

a. Provide additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements


CG 20 10 10 01 and CG 20 37 10 01 (together). Equivalent endorsements may be used if Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available.

b. Provide ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent for Design Professional additional insured.

3. Provide the following coverages and endorsements:

a. Products and completed operations coverage.

1) Maintain coverage for 3 years after final payment.

2) Provide Owner and each other additional insured evidence of continuation of such insurance at final payment and for 3 years thereafter.

b. Blanket contractual liability coverage, including coverage of Contractor’s contractual indemnity obligations in the General Conditions.

c. Severability of interests and no insured-versus-insured or cross-liability exclusions.

d. Underground, explosion, and collapse coverage.

e. Personal injury coverage.

4. The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following:

a. Modifications of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property).

b. Exclusion for water intrusion or water damage.

c. Provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01.

d. Exclusion of coverage relating to earth subsidence or movement.

e. Exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than workers’ compensation).

f. Limitations or exclusions based on the nature of Contractor’s work.

g. Professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79.


Commercial General Liability Insurance Policy LimitsGeneral Aggregate $2,000,000Products - Completed Operations $1,000,000Personal and Advertising Injury (Limit Per Person) $2,000,000Bodily Injury and Property Damage – Each Occurrence $1,000,000


C. Automobile Liability:

1. Purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Coverage can be provided through individual limits for bodily injury and for property damage or a combined single limit covering both bodily injury and property damage.


Automobile Liability Insurance Policy LimitsCombined Single LimitCombined Single Limit for Bodily Injury and Property Damage $2,000,000

D. Umbrella or Excess Liability:

1. Purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs A through C above. The coverage afforded must be at least as broad as that of each underlying policy.


Umbrella or Excess Liability Insurance Policy LimitsEach Occurrence $1,000,000General Aggregate $1,000,000

2.02 BUILDER’S RISK INSURANCE

A. Purchase and maintain builder’s risk insurance on a completed value basis in the amount of the Work’s full insurable replacement cost.

1. The builder’s risk insurance must be written on a builder’s risk “all risk” policy form that, at a minimum, includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood).

a. Policy must include coverage for losses from physical damage or loss with respect to defective workmanship, methods, design, or materials.

b. Provide other insurance policies acceptable to Owner if insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise.


2. The builder’s risk insurance must cover, as insured property, at least the following:

a. Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property;

b. Spare parts inventory required by the Contract; and

c. Temporary works which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures but are not intended to form part of the permanent constructed Work.

3. The builder’s risk insurance must be maintained in effect until the Work is complete, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first.

4. The builder’s risk insurance must:

a. Cover expenses incurred in the repair or replacement of any insured property (including fees and charges of contractors, engineers, and architects).

b. Allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract.

c. Allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage.

d. Include performance/hot testing and startup, if applicable.

5. The builder’s risk insurance must include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy.

B. The builder’s risk policy will include, for the benefit of Owner, loss of revenue and soft cost coverage for losses arising from delays in completion that result from covered physical losses or damage. Such coverage will include, without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days, compensation for loss of net revenues, rental costs, and attorneys’ fees and engineering or other consultants’ fees, if not otherwise covered.

2.03 OWNER’S LIABILITY INSURANCE

A. Contractor is required to provide Owner’s Protective Liability Insurance coverage for at least the following amounts, unless greater amounts are required by Laws and Regulations.

Owner’s Liability InsuranceGeneral Aggregate $2,000,000Each Occurrence (Bodily Injury and Property Damage) $1,000,000

END OF SECTION

Texas Workers’ Compensation Insurance 00 73 17 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 73 17 TEXAS WORKERS’ COMPENSATION INSURANCE

ARTICLE 1 – REQUIRED NOTICE

1.01 Workers’ Compensation Insurance Coverage

A. Definitions:

1. Certificate of coverage (“certificate”) - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the division, or a coverage agreement (DWC Form 81, DWC Form 82, DWC Form 83, or DWC Form 84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project.

2. Duration of the project - includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by the governmental entity.

3. Persons providing services on the project (“subcontractor” in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project.

C. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the contractor’s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. no later than 7 days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.


F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Division of Workers’ Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;

3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

4. obtain from each other person with whom it contracts, and provide to the contractor:

a. a certificate of coverage, prior to the other person beginning work on the project; and

b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. contractually require each person with whom it contracts, to perform as required by paragraphs 1-7, with the certificates of coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the


division. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

END OF SECTION

Wage Rate Requirements 00 73 43 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 73 43 WAGE RATE REQUIREMENTS

ARTICLE 1 – PAYMENT OF PREVAILING WAGE RATES

1.01 Contractor and Subcontractors employed on this Project must pay not less than the rates established by the Owner as required by Tex. Gov’t Code Chapter 2258.

1.02 The minimum wage rates for various labor classifications as established by the Owner are included in Section 00 73 46 “Wage Determination Schedule.”

ARTICLE 2 – PENALTY

2.01 In accordance with Section 2258.023(b), any Contractor or Subcontractor who violates the requirements of Chapter 2258 shall pay the Owner $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract.

2.02 Failure to comply with the requirements of Chapter 2258 may subject the Owner, Contractor, or Subcontractor(s) to additional civil and criminal penalties.

ARTICLE 3 – RECORDS

3.01 In accordance with Section 2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing:

A. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and

B. The actual per diem wages paid to each worker.

3.02 This record shall be open at all reasonable hours to inspection by the officers and agents of the OPT.

ARTICLE 4 – ENFORCEMENT

4.01 Owner will enforce the provisions of this Contract related to the payment of prevailing wage rates as required by Chapter 2258, Subchapter C.

4.02 Owner may be required to withhold money forfeited or required to be withheld under Chapter 2258 from the payments to the Contractor. If required, these amounts will be withheld from payments to the Contractor through a Set-off in accordance with the General Conditions.

END OF SECTION

Wage Determination Schedule 00 73 46 - 1BUA19270 – Meadows at Buda Lift Station Improvements

00 73 46 WAGE DETERMINATION SCHEDULE

General Decision Number: TX190007 01/04/2019 TX7

Superseded General Decision Number: TX20180016

State: Texas

Construction Types: Heavy and Highway

Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos,

Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall,

Lampasas, McLennan, Medina, Robertson, Travis, Williamson and

Wilson Counties in Texas.

HEAVY (excluding tunnels and dams, not to be used for work on

Sewage or Water Treatment Plants or Lift / Pump Stations in

Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY

Construction Projects

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.60 for calendar year 2019 applies to all contracts

subject to the Davis-Bacon Act for which the contract is awarded

(and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay

all workers in any classification listed on this wage

determination at least $10.60 per hour (or the applicable

wage rate listed on this wage determination, if it is higher)

for all hours spent performing on the contract in calendar

year 2019. If this contract is covered by the EO and a

classification considered necessary for performance of work on

the contract does not appear on this wage determination, the

contractor must pay workers in that classification at least

the wage rate determined through the conformance process set

forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,

if it is higher than the conformed wage rate). The EO minimum

wage rate will be adjusted annually. Please note that

this EO applies to the above-mentioned types of contracts

entered into by the federal government that are subject

to the Davis-Bacon Act itself, but it does not apply

to contracts subject only to the Davis-Bacon Related Acts,

including those set forth at 29 CFR 5.1(a)(2)-(60). Additional

information on contractor requirements and worker protections

under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/04/2019

* SUTX2011-006 08/03/2011


Rates Fringes

CEMENT MASON/CONCRETE

FINISHER (Paving and

Structures)......................$ 12.56

ELECTRICIAN......................$ 26.35

FORM BUILDER/FORM SETTER

Paving & Curb...............$ 12.94

Structures..................$ 12.87

LABORER

Asphalt Raker...............$ 12.12

Flagger.....................$ 9.45

Laborer, Common.............$ 10.50

Laborer, Utility............$ 12.27

Pipelayer...................$ 12.79

Work Zone Barricade

Servicer....................$ 11.85

PAINTER (Structures).............$ 18.34

POWER EQUIPMENT OPERATOR:

Agricultural Tractor........$ 12.69

Asphalt Distributor.........$ 15.55

Asphalt Paving Machine......$ 14.36

Boom Truck..................$ 18.36

Broom or Sweeper............$ 11.04

Concrete Pavement

Finishing Machine...........$ 15.48

Crane, Hydraulic 80 tons

or less.....................$ 18.36

Crane, Lattice Boom 80

tons or less................$ 15.87

Crane, Lattice Boom over

80 tons.....................$ 19.38

Crawler Tractor.............$ 15.67

Directional Drilling

Locator.....................$ 11.67

Directional Drilling

Operator....................$ 17.24

Excavator 50,000 lbs or

Less........................$ 12.88

Excavator over 50,000 lbs...$ 17.71

Foundation Drill, Truck

Mounted.....................$ 16.93

Front End Loader, 3 CY or

Less........................$ 13.04

Front End Loader, Over 3 CY.$ 13.21

Loader/Backhoe..............$ 14.12

Mechanic....................$ 17.10

Milling Machine.............$ 14.18

Motor Grader, Fine Grade....$ 18.51

Motor Grader, Rough.........$ 14.63

Pavement Marking Machine....$ 19.17

Reclaimer/Pulverizer........$ 12.88


Roller, Asphalt.............$ 12.78

Roller, Other...............$ 10.50

Scraper.....................$ 12.27

Spreader Box................$ 14.04

Trenching Machine, Heavy....$ 18.48

Servicer.........................$ 14.51

Steel Worker

Reinforcing.................$ 14.00

Structural..................$ 19.29

TRAFFIC SIGNAL INSTALLER

Traffic Signal/Light Pole

Worker......................$ 16.00

TRUCK DRIVER

Lowboy-Float................$ 15.66

Off Road Hauler.............$ 11.88

Single Axle.................$ 11.79

Single or Tandem Axle Dump

Truck.......................$ 11.68

Tandem Axle Tractor w/Semi

Trailer.....................$ 12.81

WELDER...........................$ 15.97

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).


----------------------------------------------------------------

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of "identifiers" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010


08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator




The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.


3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

END OF SECTION

Summary of Work 01 11 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 11 00 SUMMARY OF WORK

PART 1 - GENERAL

1.01 SUMMARY

A. Construct Work as described in the Contract Documents.

1. Provide the materials, equipment, and incidentals required to make the Project completely and fully operable.

2. Provide the labor, equipment, tools, and consumable supplies required for a complete Project.

3. Provide the civil, architectural, structural, mechanical, electrical, instrumentation, and all other Work required for a complete and operable Project.

4. Test and place the completed Project in operation.

5. Provide the special tools, spare parts, lubricants, supplies, or other materials as indicated in the Contract Documents for the operation and maintenance of the Project.

6. The Contract Documents do not indicate or describe all Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Construction Manager.

B. Owner may pre-select or pre-purchase goods for this Project per Section 01 64 00 “Owner-Furnished Goods and Special Services.” Install these goods and coordinate the performance of specified special services.

1.02 DESCRIPTION OF WORK

Work is described in general, non-inclusive terms as rehabilitation of an existing lift station including miscellaneous site, mechanical and electrical improvements.

1.03 WORK UNDER OTHER CONTRACTS

A. The following items of work are not included in this Contract, but may impact construction scheduling, testing, and startup:

Owner Description

South Buda WCID No. 1 Meadows at Buda Phase II Lift Station and Force Main Improvements

B. Bring any discrepancies in the list to the attention of the Construction Manager. It will be deemed that the Contractor included the more expensive listing in the Contract Price if the Contractor fails to bring any discrepancies to the attention of the Construction Manager prior to executing the Agreement.

C. Completion of the Work described in this Contract may impact the construction and testing of the items listed above.

1. Coordinate construction activities through the Construction Manager.

Summary of Work 01 11 00 - 2BUA19270 – Meadows at Buda Lift Station Improvements

2. Pay claims for damages which result from the late completion of the Project or any specified Milestones.

1.04 MATERIALS PROVIDED BY OWNER

The Owner will provide the materials indicated in Appendix A of this document. The Contractor is required to provide any additional materials to provide a complete and working system.

1.05 CONSTRUCTION OF UTILITIES

Existing utilities will be used for this Project.

1.06 NOMINATED SUBCONTRACTOR [NOT USED]

PART 2 - PRODUCTS (NOT USED)

PART 3 - EXECUTION (NOT USED)

END OF SECTION

Change Management 01 26 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 26 00 CHANGE MANAGEMENT

PART 1 - GENERAL

1.01 REQUESTS FOR CHANGE PROPOSAL

A. Construction Manager will initiate Modifications by issuing a Request for Change Proposal (RCP).

1. Construction Manager and Design Professional will prepare a description of proposed Modifications.

2. Construction Manager will issue the Request for Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued.

3. Return a Change Proposal in accordance with Paragraph 1.02 for evaluation by the OPT.

1.02 CHANGE PROPOSALS

A. Submit a Change Proposal (CP) to the Construction Manager for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. Submit the Change Proposal and attach the forms provided by the Construction Manager.

1. Use the Change Proposal form provided by the Construction Manager.

2. Include with the Change Proposal:

a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification.

b. The reason the Modification is requested, if not in response to a Request for a Change Proposal.

c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include:

1) List of materials and equipment to be installed;

2) Man hours for labor by classification;

3) Equipment used in construction;

4) Consumable supplies, fuels, and materials;

5) Royalties and patent fees;

6) Bonds and insurance;

7) Overhead and profit;

8) Field office costs;

9) Home office cost; and

10) Other items of cost.

d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a


Subcontractor or Supplier. Indicate appropriate Contractor mark ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outlined in the paragraph above for self-performed Work.

e. Submit Change Proposals that comply with the General Conditions for Cost of Work.

f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times.

B. Submit a Change Proposal to the Construction Manager to request a Field Order.

C. A Change Proposal is required for all substitutions or deviations from the Contract Documents.

D. Request changes to products in accordance with Section 01 33 02 “Shop Drawings.”

1.03 CONSTRUCTION MANAGER WILL EVALUATE THE REQUEST FOR A MODIFICATION

A. Construction Manager will issue a Modification per the General Conditions if the Change Proposal is acceptable to the Owner. Construction Manager will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times.

1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner.

2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner.

a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk.

b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner.

B. Contractor may be informed that the Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents.

1.04 EQUAL NON-SPECIFIED PRODUCTS

A. The products of the listed manufacturers are to be furnished where the Specifications list several manufacturers and do not specifically list “or equal” or “or approved equal” products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 1.05 for a substitution.

B. Contractor may submit other manufacturers’ products that are in full compliance with the Specifications where Specifications list one or more manufacturers followed by the phase “or equal” or “or approved equal.”

1. Submit a Shop Drawing as required by Section 01 33 02 “Shop Drawings” to document that the proposed product is equal or superior to the specified product.


2. Prove that the product is equal. It is not the OPT’s responsibility to prove the product is not equal.

a. Indicate on a point-by-point basis for each specified feature that the product is equal to the Contract Document requirements.

b. Make a direct comparison with the specified manufacturer’s published data sheets and available information. Provide this printed material with the Shop Drawing.

c. The decision of the Design Professional regarding the acceptability of the proposed product is final.

3. Provide a certification that, in furnishing the proposed product as an equal, the Contractor:

a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified.

b. Has determined that the product will perform in the same manner and result in the same process as the specified product.

c. Will provide the same warranties and/or bonds as for the product specified.

d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent.

e. Will maintain the same time schedule as for the specified product.

C. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution.

1.05 SUBSTITUTIONS

A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 1.02 along with documents required for a Shop Drawing as required by Section 01 33 02 “Shop Drawings” to request approval of a substitution.

B. Prove that the product is acceptable as a substitute. It is not the Design Professional’s responsibility to prove the product is not acceptable as a substitute.

1. Indicate on a point-by-point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements.

2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the Shop Drawing.

3. The decision of the Design Professional regarding the acceptability of the proposed substitute product is final.


C. Provide a certification that, in making the substitution request, the Contractor:

1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product;

2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product;

3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent; and

4. Will maintain the same time schedule as for the specified product.

D. Pay for review of substitutions in accordance with Section 01 33 02 “Shop Drawings.”



END OF SECTION

Application for Payment Procedures 01 29 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 29 00 APPLICATION FOR PAYMENT PROCEDURES

PART 1 - GENERAL

1.01 SUMMARY

A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the General Conditions, the Supplementary Conditions, the Agreement, and this Section. The Contract Price is to include costs for:

1. Providing the Work in accordance with the Contract Documents;

2. Installing Owner furnished equipment and materials, if any;

3. Providing Work for alternates and allowances, if any;

4. Providing Work for extra work Items, if any and if authorized

5. Commissioning, startup, training, and initial maintenance and operation;

6. Acceptance testing at the manufacturer’s facilities or at the Site;

7. All home office overhead costs and expenses, including profit made directly or indirectly from the Project;

8. Project management, contract administration, and field office and field operations staff including supervision, clerical support, and technology system support;

9. Professional services including design fees, legal fees, and other professional services;

10. Bonds and insurance;

11. Permits, licenses, patent fees, and royalties;

12. Taxes;

13. Providing all documentation and Samples required by the Contract Documents;

14. Facilities and equipment at the Site including:

a. Field offices, office furnishings, and all related office supplies, software, and equipment,

b. Storage facilities for Contractor’s use and storage facilities for stored materials and equipment including spare parts storage,

c. Shops, physical plant, construction equipment, small tools, vehicles, and technology and telecommunications equipment,

d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site,

e. Temporary facilities for power and communications,

f. Potable water and sanitation facilities, and

g. Mobilization and demobilization for all these facilities and equipment.

15. Products, materials, and equipment stored at the Site or other suitable location in accordance with Section 01 31 00 “Project Management and Coordination”;


16. Products, materials, and equipment permanently incorporated into the Project;

17. Temporary facilities for managing water including facilities for pumping, storage, and treatment as required for construction and protection of the environment;

18. Temporary facilities for managing environmental conditions and Constituents of Concern;

19. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project;

20. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features;

21. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features;

22. Products, materials, and equipment consumed during the construction of the Project;

23. Contractor labor and supervision to complete the Project including that provided through Subcontractors or Suppliers;

24. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents;

25. Risk associated with weather and environmental conditions, startup, and initial operation of facilities including equipment, processes, and systems;

26. Contractor safety programs, including management, administration, and training;

27. Maintenance of facilities including equipment, processes, and systems until operation is transferred to Owner;

28. Warranties, extended or special warranties, or extended service agreements;

29. Cleanup and disposal of any and all surplus materials; and

30. Demobilization of all physical, temporary facilities not incorporated into the Project.

B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price.

C. Provide written approval of the surety company providing performance and payment bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the “Consent of Surety Company to Payment Procedures” form provided by the Construction Manager. Payment will not be made without this approval.

D. Construction Manager may withhold processing the Applications for Payment if any of the following processes or documentation is not up to date:

1. Progress Schedule per Section 01 33 05 “Construction Progress Schedule.”

2. Project videos and photographs per Section 01 33 06 “Graphic Documentation.”

3. Record Documents per Section 01 31 13 “Project Coordination.”


1.02 SCHEDULE OF VALUES

A. Divide the Contract Price into an adequate number of line items to allow more accurate determination of the earned value for each line item when evaluating progress payments. Submit a detailed Schedule of Values for the Project at least 10 days prior to submitting the first Application for Payment using forms provided by the Construction Manager.

B. Do not apply for payment until the Schedule of Values has been approved by the Construction Manager.

C. Divide the cost associated with each line item in the Schedule of Values into installation and materials components.

1. Installation cost is to include all cost associated with the line item except materials cost.

2. Materials cost is the direct cost (as verified by invoice values) for products, materials, and equipment to be permanently incorporated into the Project associated with the line item.

3. Installation cost is to include all direct costs and a proportionate amount of the indirect costs for the Work associated with each line item. Include costs not specifically set forth as an individual payment item but required to provide a complete and functional system.

4. The sum of materials and installation costs for all line items must equal the Contract Price.

D. Use each unit price line item in the Agreement as a line item in the Schedule of Values. The sum of materials and installation costs for each line item for unit price contracts must equal the value of the line item in the Agreement. In addition to the installation cost described in Paragraph 1.02.C.3, installation costs for unit price items are to include costs for waste and overages.

1. Installation and materials cost may be left as a single installation component if:

a. Contractor does not intend to request payment for stored materials for that line item; or

b. Work in the line item will be completed within a single payment period.

2. Provide adequate detail to allow a more accurate determination of the earned value for installation costs, expressed as a decimal fraction of Work completed, for each line item.

3. Installation cost line items may not exceed $50,000.00. Items that are not subdivided into smaller units may only be included in the Application for Payment when Work on the entire unit is complete.

4. Lump sum items may be divided into an estimated number of units to estimate earned value. The estimated number of units times the cost per unit must equal the lump sum amount for that line item.

5. Include Contractor’s overhead and profit in the installation costs each line item in proportion to the value of the line item to the Contract Price.


6. Include cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item.

7. Line items may be used to establish the value of Work to be added or deleted from the Project.

E. Include a breakdown of both mobilization and demobilization costs in the Schedule of Values. The total cost for both mobilization and demobilization may not exceed five percent of the total Contract Price. Payment for mobilization and demobilization will be based on the earned value of Work completed. Payment for these costs will only be made for Work completed for the following:

1. Bonds and insurance;

2. Transportation and setup for equipment;

3. Transportation and/or erection of all field offices, sheds, and storage facilities;

4. Salaries for preparation of documents required before the first Application for Payment; and

5. Salaries for field personnel directly related to the mobilization of the Project.

1.03 SCHEDULE OF ANTICIPATED PAYMENTS

A. Submit a schedule of the anticipated Application for Payments showing the anticipated application numbers, submission dates, and the amount to be requested for each Application for Payment on the form provided by the Construction Manager.

B. Update the schedule of anticipated payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed.

1.04 RETAINAGE AND SET-OFFS

A. Retainage will be withheld from each Application for Payment per the Agreement.

B. Reduce payments for set-offs per the General Conditions as directed by the Construction Manager.

1.05 PROCEDURES FOR SUBMITTING AN APPLICATION FOR PAYMENT

A. Submit a draft Application for Payment to the Construction Manager each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the Construction Manager to determine concurrence with:

1. Values requested for materials and equipment, stored or incorporated into the Project as documented by invoices;

2. The earned value for installation costs for each line item in the Application for Payment form expressed as a percent complete for that line item;

3. The quantity of Work completed for each unit price item;


4. Amount of retainage to be held; and

5. Set-offs included in the Application for Payment.

B. Submit Applications for Payment to the Construction Manager after agreement has been reached on the draft Application for Payment with the Construction Manager.

C. Provide all information requested in the Application for Payment form. Do not leave any blanks incomplete. If information is not applicable, enter “N/A” in the space provided.

1. Number each application sequentially and include the dates for the application period.

2. Complete the “Contract Time Summary” on the Application for Payment form. If “Days Final Completion is (ahead/behind) Schedule” (line q) shows Project is more than 30 days behind schedule, revise the Schedule of Anticipated Payments to correspond to the updated schedule required per Section 01 33 05 “Construction Progress Schedule.”

3. Complete the “Summary of Earned Value and Set-offs” on the Application for Payment form. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage and set-offs.

4. Sign and date the Contractor’s Certification on the Application for Payment form that all Work, including materials, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous Payment has been made by the Owner, and that the current payment amount shown in this Application for Payment is now due.

5. Include “Attachment A - Tabulation of Earned Value of Original Contract Performed” to show the value of materials stored and successfully incorporated into the Project and the earned value for installation of the Work for each line item in the Application for Payment for Work. Attachment A includes Work on the original Contract Price and on approved Contract Amendments and Change Orders.

6. Include “Attachment B - Tabulation of Values for Materials and Equipment” to track invoices used to support amounts requested as materials in Attachment A. Enter materials to show the amount of the invoice assigned to each item in Attachment A if an invoice includes materials used on several line items.

7. Include “Attachment C - Summary of Set-offs” to document set-offs made per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment.

8. Include “Attachment D - Retainage Calculation” to show method for calculating retainage. The amount of retainage with respect to progress payments is stipulated in the Agreement. Any request for a reduction in retainage must be accompanied by a Consent of Surety to Reduction or Partial Release of Retainage.

9. Include “Attachment E - EVA Calculation” and the EVA Chart showing the anticipated and actual Total Earned Value of Fees, Work, and Materials. Create a graphic representation (curve) of the anticipated progress on the Project each month. Compare the anticipated cumulative Total Earned Value of Fees, Work, and Materials


to the actual Total Earned Value of Fees, Work, and Materials to determine performance on budget and schedule. Adjust the table and curve to incorporate Modifications.

D. Submit attachments in Portable Document Format (PDF).

1. Generate attachments to the Application for Payment using the Excel spreadsheet provided by the Construction Manager.

2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper.

1.06 ADJUSTMENTS TO THE SCHEDULE OF VALUES IN THE APPLICATION FOR PAYMENT

A. Submit a Change Proposal to request any changes to the Schedule of Values incorporated into the Application for Payment once approved. A Field Order will be issued by the Construction Manager to modify the Application for Payment form if approved.

B. Payment for materials and equipment shown in the Application for Payment will be made for the total of associated invoice amounts, up to the value shown for materials in the Application for Payment for that line item.

1. If the total amount for invoices for materials and equipment for a line item are less than the amount shown for the materials component of that line item in the Application for Payment, and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item, the difference between the total invoice for materials and equipment and the materials component for that line item can be added to the installation component of that Work item.

2. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be paid for under other line items.

1.07 CONSTRUCTION MANAGER’S RESPONSIBILITY

A. Construction Manager will review each draft Application for Payment with Contractor to reach an agreement on the amount to be recommended to Owner for payment. Contractor is to revise the Application for Payment to incorporate changes, if any, resulting from this review process.

B. Construction Manager will review the Application for Payment to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment.

C. Construction Manager will either recommend payment of the Application for Payment to Owner or notify the Contractor of the reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment. Construction Manager will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate.

D. Construction Manager’s recommendation of the Application for Payment constitutes a representation that based on its experience and the information available:

1. The Work has progressed to the point indicated;


2. The quality of the Work is generally in accordance with the Contract Documents; and

3. Requirements prerequisite to payment have been met.

E. This representation is subject to:

1. Further evaluation of the Work as a functioning whole;

2. The results of subsequent tests called for in the Contract Documents; or

3. Any other qualifications stated in the recommendation.

F. Construction Manager does not represent by recommending payment that:

1. Inspections made to check the quality or the quantity of the Work as it was performed were exhaustive or extended to every aspect of the Work in progress; or

2. Other matters or issues that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor exist.

G. Neither Construction Manager’s review of Contractor’s Work for the purposes of recommending payments nor Construction Manager’s recommendation of payment imposes responsibility on the Construction Manager or Owner:

1. To supervise, direct, or control the Work;

2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs;

3. For Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work;

4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or

5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens.

1.08 FINAL APPLICATION FOR PAYMENT

A. Include adjustments to the Contract Price in the final Application for Payment for:

1. Approved Change Orders and Contract Amendments;

2. Allowances not previously adjusted by Change Order;

3. Deductions for Defective Work that have been accepted by the Owner;

4. Penalties and bonuses;

5. Deduction for all final set-offs; and

6. Other adjustments if needed.

B. Construction Manager will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and, if necessary, to reconcile estimated unit price quantities with actual quantities.


C. Submit the final Application for Payment per the General Conditions, including the final Change Order. Provide the following with the final Application for Payment:

1. Evidence of payment or release of Liens on the forms provided by the Construction Manager and as required by the General Conditions.

2. Consent from surety to final payment.

D. Final payment will also require additional procedures and documentation per Section 01 70 00 “Execution and Closeout Requirements.”

1.09 PAYMENT BY OWNER

A. Owner is to pay the amount recommended for monthly payments within 30 days after receipt of the Construction Manager’s recommended Application for Payment.

B. Final payment may take longer than 30 days since Owner’s council may need to approve final payment.



END OF SECTION

Measurement and Basis for Payment 01 29 01 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 29 01 MEASUREMENT AND BASIS FOR PAYMENT

PART 1 - GENERAL

1.01 PAYMENT FOR MATERIALS AND EQUIPMENT

A. Payment will be made for materials and equipment materials properly stored and successfully incorporated into the Project less the specified retainage.

B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Remove items from the tabulation of materials and equipment if this documentation is not provided with the next Application for Payment.

C. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest.

D. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor’s obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until final acceptance in accordance with the General Conditions.

E. Payment for materials and equipment does not constitute acceptance of the product.

1.02 MEASUREMENT AND BASIS FOR PAYMENTS ON LUMP SUM ITEMS

Measurement for progress payments is the invoice value for stored materials and the earned value for all other cost for constructing each item. Earned value is expressed as the value of the Work completed divided by the total value of installation cost. The total amount paid will be equal to the total lump sum amount for that item.

1.03 MEASUREMENT AND BASIS FOR PAYMENTS ON UNIT PRICE ITEMS

A. Measure the Work using the unit of measure indicated in this Section for each unit price line item. Payment will be made only for the actual measured unit and/or computed length, area, solid contents, number, and weight unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside dimensions shown in the Contract Documents.

B. Payment will be made for the actual quantity of Work completed and for materials and equipment stored during the payment period. Payment amount is the Work quantity measured per Paragraph A above multiplied by the unit price for that line item in the Agreement.

1.04 MEASUREMENT AND BASIS FOR PAYMENT FOR BASE ITEMS

A. Item 1 – Mobilization/Demobilization:

Measuring for payment is on a lump sum basis. Payment for mobilization will be based on the earned value of Work completed.

B. Measuring for payment for all other items will be per section 00 42 23.01 Bid Form Exhibit A.

Measurement and Basis for Payment 01 29 01 - 2BUA19270 – Meadows at Buda Lift Station Improvements



END OF SECTION

Project Management and Coordination 01 31 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 31 00 PROJECT MANAGEMENT AND COORDINATION

PART 1 - GENERAL

1.01 SUMMARY

A. Furnish resources required to complete the Project in accordance with the Contract Documents and within the Contract Times.

B. Construct Project in accordance with current safety practices.

C. Manage Site to allow access to Site and control construction operations.

D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed.

E. Provide temporary controls for pollution, management of water, and management of excess earth as required in Section 01 57 00 “Temporary Controls.”

1.02 STANDARDS

A. Perform Work to comply with:

1. Requirements of the Contract Documents;

2. Laws and Regulations; and

3. Specified industry standards.

1.03 DOCUMENTATION

A. Provide documents in accordance with Section 01 33 00 “Document Management.”

B. Provide copies of Supplier’s printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation.

C. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Drawings per Section 01 31 13 “Project Coordination.”

1.04 PERMITS

A. Obtain building permits for the Project from the local authorities having jurisdiction.

B. Obtain environmental permits required for construction at the Site.

C. Provide required permits for transporting heavy or oversized loads.

D. Provide other permits required to conduct any part of the Work.

E. Arrange for inspections and certification by agencies having jurisdiction over the Work and include the cost for these inspections and certifications in the Contract Price.

F. Make arrangements with private utility companies and pay fees associated with obtaining services or inspections.

G. Retain copies of permits and licenses at the Site and comply with all regulations and conditions of the permit or license.


1.05 SAFETY REQUIREMENTS

A. Manage safety to protect the safety and welfare of persons at the Site.

B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site.

C. Provide safe access for those performing tests and inspections.

D. Maintain a supply of personal protective equipment for visitors to the Site.

E. Comply with latest provisions of the Occupational Health and Safety Administration (OSHA) and other Laws and Regulations.

F. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injuries, or deaths related to the Project to the Construction Manager as Record Data per Section 01 31 13 “Project Coordination.”

1.06 ACCESS TO THE SITE

A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction.

B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections.

C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Roadways may not be approved for construction traffic. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Construction Manager as Record Data per Section 01 31 13 “Project Coordination.”

1.07 CONTRACTOR’S USE OF THE SITE

A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the Construction Manager. Coordinate the use of the Site with the Construction Manager.

B. Provide security at the Site as necessary to protect against vandalism and loss by theft.

C. Park construction equipment in designated areas only and provide spill control measures as discussed in Section 01 57 00 “Temporary Controls.”

D. Park employees’ vehicles in designated areas only.

E. Obtain written permission of the property owner before entering privately-owned land outside of the Owner’s property, rights-of-way, or easements.

F. Cooperate with public and private agencies with facilities operating within the limits of the Project. Provide 48 hours’ notice to any applicable agency when Work is anticipated to proceed in the vicinity of any facility by using state one-call notification system.


G. Conduct of Contractor’s or Subcontractor’s Employees:

1. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply.

2. Do not allow the use of offensive language or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply.

3. Require workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, or any exceedingly torn, ripped, or soiled clothing to be worn on the Site.

4. Do not allow the use, possession, concealment, transportation, promotion, or sale of the following prohibited items anywhere on the Site:

a. Firearms (including air rifles and pistols and BB or pellet guns) and ammunition;

b. Bows, crossbows, arrows, bolts, or any other projectile weapons;

c. Explosives of any kind, including fireworks;

d. Illegal knives;

e. Other weapons prohibited by state Laws and Regulations; and

f. Any other item that has been designed or intended to be used as a weapon.

No exceptions will be made for the possession of a firearm by a person that has a valid state-issued license to carry a firearm. Remove any of the prohibited items listed above from the Site immediately and permanently. Any person found to be in possession of any prohibited item must also be removed from the Site and may be reported to local law enforcement.

1.08 PROTECTION OF EXISTING STRUCTURES AND UTILITIES

A. Examine the Site and review the available information concerning the Site. Locate utilities, underground facilities, and existing structures. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the Construction Manager before beginning construction.

B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action per Section 01 31 13 “Project Coordination.” Coordinate Work with local utility company and others for the relocation or replacement.

C. Protect utilities, underground facilities and existing structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the Owner and utility or property owner.

D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or


approved by the Construction Manager. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions.

E. Protect existing trees and landscaping at the Site. Mark trees that may be removed during construction and review with the Construction Manager for approval before removing. Protect trees to remain from damage limiting activity, including stockpiling of materials within the drip line of the tree.

F. Protect buildings from damage when handling material or equipment. Protect finished surfaces, including floors, doors, and jambs. Remove doors and install temporary wood protective coverings over jambs, if needed.

1.09 DISRUPTION TO SERVICES/CONTINUED OPERATIONS

A. Owner’s facilities are to continue in service as usual during the construction unless noted otherwise. Owner or utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum.

1. Do not restrict access to critical valves, operators, or electrical panels.

2. Do not store material or products inside structures unless authorized by the Construction Manager.

3. Limit operations to the minimum amount of space needed to complete the specified Work.

4. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the Work in a manner that flow is not restricted.

B. Provide a Plan of Action in accordance with Section 01 35 00 “Special Procedures” if facilities must be taken out of operation.

1.10 FIELD VERIFICATION

A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions.

B. Verify property lines, control lines, grades, and levels indicated on the Drawings.

C. Verify pipe class, equipment capacities, existing electrical systems, and power sources for existing conditions.

D. Check Shop Drawings and indicate the actual dimensions available where products are to be installed.

E. Include field measurements in Record Documents as required in Section 01 31 13 “Project Coordination.”


1.11 REFERENCE DATA AND CONTROL POINTS

No survey or control points have been provided for the project. Contractor will be responsible for laying out and coordinating any survey necessary to complete the work.

1.12 DELIVERY AND STORAGE

A. Deliver products and materials to the Site in time to prevent delays in construction.

B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in original packages or other containers until installed. If original packages or containers are damaged, repackage in containers and include packing slips, labels and other information from the original packaging.

C. Deliver products that are too large to fit through openings to the Site in advance of the time enclosing walls and roofs are erected. Set in place, raised above floor on cribs or pallets.

D. Assume full responsibility for the protection and safekeeping of products stored at the Site.

E. Store products at locations acceptable to the Construction Manager and to allow Owner access to maintain and operate existing facilities.

F. Store products in accordance with the Supplier’s storage instructions immediately upon delivery. Leave seals and labels intact. Arrange storage to allow access for maintenance of stored items and for inspection. Store unpacked and loose products on shelves, in bins, or in neat groups of like items.

G. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier’s instructions. Remove storage facilities at the completion of the Project.

H. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work.

I. Provide adequate exterior storage for products that may be stored out-of-doors.

1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining.

2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering.

3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter.

4. Provide surface drainage to prevent erosion and ponding of water.

5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials.


6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure.

7. Store products to prevent wind damage.

J. Protect and maintain mechanical and electrical equipment in storage.

1. Provide Supplier’s service instructions on the exterior of the package.

2. Service equipment on a regular basis as recommended by the Supplier. Maintain a log of maintenance services. Submit the log as Record Data per Section 01 31 13 “Project Coordination” when Owner assumes responsibility for maintenance and operation.

3. Provide power to and energize space heaters for all equipment for which these devices are provided.

4. Provide temporary enclosures for all electrical equipment, including electrical systems on mechanical devices. Provide and maintain heat in the enclosures until equipment is energized.

K. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that:

1. Storage facilities continue to meet specified requirements;

2. Supplier’s required environmental conditions are continually maintained; and

3. Products that can be damaged by exposure to the elements are not adversely affected.

L. Replace any stored item damaged by inadequate protection or environmental controls.

M. Payment may be withheld for any products not properly stored.

1.13 CLEANING DURING CONSTRUCTION

A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations.

B. Clean the Site as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers at the Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible.

C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish, and debris from the Site and legally dispose of these at public or private disposal facilities.

1.14 MAINTENANCE OF ROADS, DRIVEWAYS, AND ACCESS

A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicle during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. Coordinate and arrange for emergency vehicle access when streets are to be closed.


B. Submit a Notification by Contractor for Owner’s approval of a street closing. The request must state:

1. The reason for closing the street.

2. How long the street will remain closed.

3. Procedures to be taken to maintain the flow of traffic.

C. Obtain permits and permissions of the entity that owns the road prior to any Work and provide a copy of the permit or permission Record Data per Section 01 31 13 “Project Coordination.”

D. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD).

E. Assume responsibility for any damage resulting from construction along roads or drives.

1.15 BLASTING

Blasting is not allowed for any purpose.

1.16 ARCHAEOLOGICAL REQUIREMENTS

A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction.

B. Conduct all construction activities to avoid adverse impact of the sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found.

1. Obtain details for working in these areas from regulatory agencies.

2. Maintain confidentiality regarding the site(s) of artifacts.

3. Adhere to the requirements of applicable local, state, and federal Laws and Regulations.

4. Notify the Construction Manager and any local, state, or federal agency as required by applicable Laws and Regulations.

C. Do not disturb archaeological sites.

1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis.

2. Coordinate activities to permit archaeological work to take place within the area.

a. Attempt to archaeologically clear areas needed for construction as soon as possible.

b. Provide a determination of priority for such areas.


D. Assume responsibility for any unauthorized destruction that might result to such sites by construction personnel, and pay all penalties assessed by state or federal agencies for non-compliance with these requirements.

E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays.

1.17 ENDANGERED SPECIES RESOURCES

A. Do not perform any activity that is likely to destroy or adversely modify the habitat or jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA) or applicable state Laws and Regulations.

B. Cease Work immediately in the area of the encounter and notify the Construction Manager if a threatened or endangered species is encountered during construction. Construction Manager will implement actions in accordance with the ESA and applicable state statutes. Resume construction in the area of the encounter when authorized to do so by the Construction Manager.

1.18 OCCUPANCY

A. Owner has the right to occupy or operate any portion of the Project that is ready for use after notifying the Contractor of its intent to do so.

B. Testing of equipment and appurtenances including specified test periods, training, and startup does not constitute acceptance for operation.

C. Owner may accept the facility for continued use after startup and testing at the option of the Owner. If acceptance is delayed at the option of the Owner, shut down facilities per approved operation and maintenance procedures.

D. The execution of bonds is understood to indicate the consent of the surety to these provisions for occupancy of the structures and use of equipment.

E. Provide an endorsement from the insurance carrier permitting occupancy of the structures and use of equipment during the remaining period of construction.

F. Conduct operations to ensure the least inconvenience to the Owner and general public.



END OF SECTION

Project Coordination 01 31 13 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 31 13 PROJECT COORDINATION

PART 1 - GENERAL

1.01 WORK INCLUDED

Administer contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT.

1.02 DOCUMENTATION

Provide documents in accordance with Section 01 33 00 “Document Management.”

1.03 COMMUNICATION DURING THE PROJECT

A. Construction Manager is to be the first point of contact for all parties on matters concerning this Project.

B. Construction Manager will coordinate correspondence concerning:

1. Contract administration;

2. Clarification and interpretation of the Contract Documents;

3. Contract modifications;

4. Observation of Work and testing; and

5. Claims.

C. Construction Manager will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor.

D. Direct written communications to the Construction Manager at the address indicated at the pre-construction conference. Include the following with communications as a minimum:

1. Name of the Owner;

2. Project name;

3. Contract title;

4. Project number;

5. Date; and

6. A reference statement.

E. Submit communications on the forms referenced in this Section or in Section 01 33 00 “Document Management.”

1.04 PROJECT MEETINGS

A. Pre-Construction Conference:

1. Attend a pre-construction conference;

2. The location of the conference will be determined by the Construction Manager;


3. The time of the conference will be determined by the Construction Manager, but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued;

4. The OPT, Contractor’s project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference; and

5. Provide and be prepared to discuss:

a. Preliminary construction schedule per Section 01 33 05 “Construction Progress Schedule”;

b. Preliminary Schedule of Documents per Section 01 33 00 “Document Management”;

c. Schedule of Values and anticipated schedule of payments per Section 01 29 00 “Application for Payment Procedures”;

d. List of Subcontractors and Suppliers;

e. Contractor’s organizational chart as it relates to this Project; and

f. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, contract modifications, and payment requests.

B. Progress Meetings:

1. Attend meetings with the Construction Manager, Design Professional, and Owner.

a. Meet monthly or as requested by the Construction Manager to discuss the Project.

b. Meet at the Site or other location as designated by the Construction Manager.

c. Contractor’s superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters.

d. Notify the Construction Manager of any specific items to be discussed a minimum of 1 week prior to the meeting.

2. Provide information as requested by the Construction Manager, Design Professional or Owner concerning this Project. Prepare to discuss:

a. Status of overall project schedule;

b. Contractor’s detailed schedule for the next month;

c. Anticipated delivery dates for equipment;

d. Coordination with the Owner;

e. Status of documents;

f. Information or clarification of the Contract Documents;

g. Claims and proposed modifications to the Contract;

h. Field observations, problems, or conflicts; and


i. Maintenance of quality standards.

3. Construction Manager will prepare a record of meeting proceedings. Review the record of the meeting and notify the Construction Manager of any discrepancies within 10 days of the date the record of the meeting is provided. The record will not be corrected after the 10 days have expired. Corrections will be reflected in the record of the following meeting.

C. Pre-Documentation and Pre-Installation Meetings:

1. Conduct pre documentation and pre installation meetings as required in the individual technical Specifications or as determined necessary by the Construction Manager (for example, instrumentation, roofing, concrete mix design, etc.).

2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 1.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location.

3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting.

4. Construction Manager will prepare a record of meeting proceedings. Review the record of the meeting and notify the Construction Manager of any discrepancies within 10 days of the date the record of the meeting is provided. The record will not be corrected after the 10 days have expired. Corrections will be reflected in the record of the following meeting.

D. Weekly Coordination Meetings: Meet on a weekly basis with the Construction Manager or designated on-site representative of the OPT to discuss Work planned for the following week, review coordination issues, testing required, or other issues. Records of these meetings are not required.

1.05 REQUESTS FOR INFORMATION

A. Submit a Request for Information to the Construction Manager to obtain additional information or clarification of the Contract Documents.

1. Submit a separate Request for Information for each item on the form provided by the Construction Manager.

2. Attach adequate information to permit a response without further clarification. Construction Manager will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple reviews due to inadequate information.

3. A response will be made when adequate information is provided. The response will be made on the Request for Information form provided by the Construction Manager.

B. Response to a Request for Information is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents.

1. Submit a Change Proposal per Section 01 26 00 “Change Management” if a contract modification is suggested or required.


C. Use the Decision Register to document decisions made at meetings and actions to be taken in accordance with Paragraph 1.06.

D. Use the Action Item Register to document assignments for actions to be taken in accordance with Paragraph 1.06.

1.06 DECISION AND ACTION ITEM REGISTER

A. Construction Manager will maintain a Decision Register to document key decisions made during meetings, telephone conversations, or visits to the Site using the format provided by the Construction Manager:

1. Review the Decision Register prior to each regular meeting.

2. Report any discrepancies to the Construction Manager for correction or discussion at the next monthly meeting.

B. Construction Manager will maintain an Action Item Register in conjunction with the Decision Register to track assignments made during meetings, telephone conversations or visits to the Site using the format provided by the Construction Manager:

1. Review the Action Item Register prior to each regular meeting.

2. Report actions taken after the previous progress meeting on items in the register assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the Construction Manager. Report on status of progress 1 week prior to each progress meeting established in Paragraph 1.04 to allow Construction Manager to update the register prior to the Progress Meetings.

3. Be prepared to discuss the status at each meeting.

C. Decisions or action items in the register that require a change in the Contract Documents will have the preparation of a Modification as an action items if appropriate. The Contract Documents can only be changed by a Modification.

1.07 NOTIFICATION BY CONTRACTOR

A. Notify the Construction Manager of:

1. Need for testing;

2. Intent to work outside regular working hours;

3. Request to shut down facilities or utilities;

4. Proposed utility connections;

5. Required observation by Construction Manager, Engineer, or inspection agencies prior to covering Work; and

6. Training.

B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification.

C. Use the Notification by Contractor form provided by the Construction Manager.


1.08 REQUESTS FOR MODIFICATIONS

Submit requests for Modifications per Section 01 26 00 “Change Management.”

1.09 PLAN OF ACTION

A. Submit a written Plan of Action for approval for shutting down essential services. These include:

1. Electrical power;

2. Control power;

3. Process piping;

4. Process equipment;

5. Communications equipment; and

6. Other designated functions.

B. Describe the following in the Plan of Action:

1. Scheduled dates for construction;

2. Work to be performed;

3. Utilities, piping, or services affected;

4. Length of time the service or utility will be disturbed;

5. Procedures to be used to carry out the Work;

6. Plan of Action to handle emergencies;

7. List of manpower, equipment, and ancillary supplies;

8. Backups for key pieces of equipment and key personnel;

9. Contingency plan that will be used if the original schedule cannot be met; and

C. Submit plan 2 weeks prior to beginning the Work.

1.10 RECORD DATA

Submit information required by the Contract Documents that is not related to a product as Record Data using the form provided by the Construction Manager.

1.11 RECORD DOCUMENTS

A. Maintain one complete set of printed Record Documents at the Site including:

1. Drawings;

2. Specifications;

3. Addenda;

4. Modifications;

5. Product Data and approved Shop Drawings;


6. Construction photographs;

7. Test Reports;

8. Clarifications and other information provided in Request for Information responses; and

9. Reference standards.

B. Store printed Record Documents and Samples in the Contractor’s field office.

1. Record Documents are to remain separate from documents used for construction.

2. Provide files and racks for the storage of Record Documents.

3. Provide a secure storage space for the storage of Samples.

4. Maintain Record Documents in clean, dry, legible conditions, and in good order.

5. Make Record Documents and Samples available at all times for inspection by the OPT.

C. Maintain an electronic record of Specifications and Addenda to identify products provided in PDF format.

1. Reference the Product Data number, Shop Drawing number, and O&M manual number for each product and item of equipment furnished or installed.

2. Reference Modifications by type and number for all changes.

D. Maintain an electronic record of Drawings in PDF format.

1. Reference the Product Data number, Shop Drawing number, and O&M manual number for each product and item of equipment furnished or installed.

2. Reference Modifications by type and number for all changes.

3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded.

4. Mark drawings to record actual construction.

a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls.

b. Horizontal and vertical locations of underground utilities and appurtenances constructed, and existing utilities encountered during construction.

c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment:

1) Piping;

2) Ductwork;

3) Equipment and control devices requiring periodic maintenance or repair;

4) Valves, unions, traps, and tanks;

5) Services entrance;

6) Feeders; and


7) Outlets.

d. Changes of dimension and detail.

e. Changes by Modifications.

f. Information in Requests for Information or included in the Decision Register.

g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to Requests for Information.

5. Mark Drawings with the following colors:

a. Highlight references to other documents, including Modifications in blue.

b. Highlight mark ups for new or revised Work (lines added) in yellow.

c. Highlight items deleted or not installed (lines to be removed) in red.

d. Highlight items constructed per the Contract Documents in green.

6. Submit Record Documents to Construction Manager for review and acceptance 30 days prior to Final Completion of the Project.

E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents.



END OF SECTION

Document Management 01 33 00- 1BUA19270 – Meadows at Buda Lift Station Improvements

01 33 00 DOCUMENT MANAGEMENT

PART 1 - GENERAL

1.01 SUMMARY

A. Submit documentation as required by the Contract Documents and as requested by the Construction Manager.

B. Use the Project Management Information System (PMIS) provided by the Construction Manager. Software for the PMIS is FNiManager which has the following system requirements:

1. Operating Systems: Windows 7 or later and OS X v10.8 or later.

2. Supported Internet Browsers: Internet Explorer 11.0 or later, Google Chrome 70.0 or later, Firefox 63.0 or later, Safari 11.0 or later, and Microsoft Edge 17.0 or later.

3. Screen Resolution: The recommended screen resolution is 1280 x 1024 or higher. The minimum screen resolution required to support all features is 1024 x 768.

1.02 QUALITY ASSURANCE

Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review as “Not Approved.”

1.03 CONTRACTOR’S RESPONSIBILITIES

A. Review documents prior to submission. Make certifications as required by the Contract Documents and as indicated on Construction Manager provided forms.

B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Construction Manager for review. Use the form provided by the Construction Manager for this list.

C. Incorporate the dates for processing documents into the Progress Schedule required by Section 01 33 05 “Construction Progress Schedule.”

1. Provide documents in accordance with the schedule so construction of the Project is not delayed.

2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 14-day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Construction Manager and Contractor.

3. Schedule delivery of review documents to provide all information for interrelated Work at one time.

4. Allow adequate time for processing documents so construction of the Project is not delayed.


1.04 FORMS AND WORKFLOWS

A. Use the forms or workflow process provided by the Construction Manager for project documentation.

1.05 DOCUMENT PREPARATION AND DELIVERY PROCEDURES

A. Deliver documents in electronic format as directed by the Construction Manager.

1. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided.

2. Deliver all documents in Portable Document Format (PDF).

a. Create PDF document using Bluebeam Revu software.

b. Create PDF documents from native format files unless files are only available from scanned documents.

c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software.

d. Provide PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper.

e. Submit color PDF documents where color is required to interpret the document.

f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary.

g. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery.

h. Use Bluebeam Revu software to reduce file size using default settings except the option for “Drop Metadata”. Uncheck the “Drop Metadata” box when reducing file size.

i. Add footers to each document with the name of the Project.

B. Software Requirements:

1. OPT and Contractor will each acquire the software and software licenses necessary to create and transmit Electronic Documents and to read and to use any Electronic Documents received from the other party (and if relevant from third parties), using the following software formats:

Document Document Format

Email.htm, .rtf, or .txt without formatting that impairs legibility of content on screen or in printed copies

Submittals Bluebeam PDF

Applications for Payment Bluebeam PDF and Microsoft® Excel

Progress Schedules PDF and Schedule in Native Format


Document Document FormatLayouts and drawings to be submitted to Owner for future use and modification. Autodesk® AutoCAD .dwg format

Document submitted to OPT for future word processing use and modification. Microsoft® Word

Spreadsheets and data submitted to OPT for future data processing use and modification. Microsoft® Excel

2. Software will be the version currently published at the time Contract is signed, unless a specific software version in listed in the Supplementary Conditions. Prior to using any updated version of the software required in this Section for sending Electronic Documents to the other party, the originating party will first notify and receive concurrence from the other party for use of the updated version or convert to comply with this Paragraph 1.05.B.

1.06 DOCUMENT NUMBERING

A. Assign a document number to the Contractor originated document to allow tracking of the document during the review process.

1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes will be as follows:

Prefix DescriptionAP Application for PaymentCP Change ProposalCTR Certified Test ReportEIR Equipment Installation ReportGD Graphic DocumentationNBC Notification by ContractorO&M Operation and Maintenance ManualsPD Product DataRD Record DataRFI Request for InformationSD Shop DrawingSCH Schedule of Progress

2. Issue sequence numbers in chronological order for each type of document as directed by the Construction Manager.

3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Construction Manager for processing. For example: SD-025 A represents Shop Drawing number 25 and the letter “A” designates this is the second time this document has been sent for review.

4. Clearly note the document number on each page or sheet of the document.

5. Correct assignment of numbers is essential since different document types are processed in different ways.


B. Include reference to the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data submitted on the Document Transmittal form. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used.

1.07 DOCUMENTATION

Furnish documents as indicated in the individual Specification Sections. Submit documents per the procedures described in the Contract Documents.



END OF SECTION

Shop Drawings 01 33 02 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 33 02 SHOP DRAWINGS

PART 1 - GENERAL

1.01 SUMMARY

A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier.

B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the Construction Manager to:

1. Record the products incorporated into the Project;

2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and

3. Allow the Design Professional to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents.

C. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups.

D. Submit a Change Proposal per Section 01 26 00 “Change Management” to request modifications to the Contract Documents, including those for approval of “or equal” products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved Change Order or Field Order.


A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will not be approved.

B. Demonstrate that the proposed products are in full compliance with the design criteria and requirements of the Contract Documents, or will be if deviations requested per Paragraph 1.11 are approved.

C. Furnish and install products that fully comply with the information included in the Shop Drawings.


A. Furnish Shop Drawings for products as indicated in the individual Specification Sections.

B. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by Section 01 33 05 “Construction Progress Schedule.”

1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed.

2. Submit Shop Drawings for interrelated Work at one time.


3. Allow adequate time for ordering, fabricating, delivering, and installing products so construction of the Project is not delayed.

C. Complete the following before submitting a Shop Drawing or Sample:

1. Prepare and review the Shop Drawing or Sample. Coordinate the Shop Drawing or Sample with other Shop Drawings and Samples, with the requirements of the Work, and the Contract Documents;

2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples;

3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

4. Determine and verify information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

D. Determine and verify:

1. Field measurements, quantities, and dimensions are shown on the Shop Drawing and are accurate;

2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products, existing structures, utilities, and equipment have been identified;

3. Conflicts that impact the installation of the products have been brought to the attention of the Construction Manager;

4. Shop Drawing is complete for its intended purpose; and

5. Conflicts between the Shop Drawing related to the various Subcontractors and Suppliers have been resolved.

E. Review Shop Drawings prior to submitting to the Construction Manager. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Construction Manager’s attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 1.11.

F. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor’s risk. Defective products may be rejected at the Owner’s option.

G. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Construction Manager and Design Professional.

1.04 DOCUMENTATION

A. Provide adequate information in Shop Drawings and with Samples so the Design Professional can:

1. Assist the Owner in selecting colors, textures, or other aesthetic features.


2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents.

3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents.

4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents.

B. Include a complete description of the material or equipment to be furnished, including:

1. Type, dimensions, size, arrangement, model number, and operational parameters of the components;

2. Weights, gauges, materials of construction, external connections, anchors, and supports required;

3. Performance characteristics, capacities, engineering data, motor curves, and other information necessary to allow a complete evaluation of mechanical components;

4. All applicable standards;

5. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings;

6. Wiring and piping diagrams and related controls;

7. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and

8. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document that the measurements represent actual dimensions obtained at the Site.

C. Submit Shop Drawings that require coordination with other Shop Drawings for fabrication at the same time. Shop Drawings requiring coordination with other Shop Drawings will not be approved until a complete package is submitted, unless approved by the Construction Manager.

D. Submit information for all of the components and related equipment required for a complete and operational system in one Submittal.

1. Include electrical, mechanical, and other information required to indicate how the various components of the system function together as a system.

2. Provide certifications, warranties, and written guarantees and service contracts with the document package for review when these are required.

1.05 SPECIAL CERTIFICATIONS AND REPORTS

A. Provide all required special certifications, reports, and other documentation with the Shop Drawings as specified in the individual Specification Sections which may include:

1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product, when installed, will meet the requirements of the Contract Documents and is part of the Shop Drawing.


Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing.

2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300-mile radius of the Site. Include the names, addresses, and telephone numbers of approved service organizations with the certificate.

3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that the equipment has been designed to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter must state that mechanical and electrical components have been adequately sized to be fully operational for the conditions specified or normally encountered by the product’s intended use.

4. Certification of Applicator/Subcontractor (CSQ): A certified letter stating that the applicator or subcontractor proposed to perform a specified function is duly designated as factory authorized and trained for the application of the specified product.

1.06 WARRANTIES AND GUARANTEES

A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of Substantial Completion.

B. Identify all extended warranties which are defined as any guarantee of performance for the product or system beyond the one-year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a warranty bond for extended warranties if required by the individual Specification Sections.

C. Include an additional copy of equipment warranties in operation and maintenance manuals.

D. Provide a copy of all warranties in a separate document in accordance with Section 01 70 00 “Execution and Closeout Requirements.”

1.07 EXTENDED SERVICE AGREEMENTS

A. Provide Extended Service Agreements and related documents with the Product Data. An Extended Service Agreement is a contract between the Owner and an approved Subcontractor or Supplier to provide service and or maintenance beyond that required to fulfill requirements for warranty repairs, or to perform routine maintenance for a definite period beyond the one-year correction period specified in the General Conditions.

B. An Extended Service Agreement does not relieve the Contractor from obligations under the one-year correction period or warranty provisions specified in the General Conditions

C. An Extended Service Agreement does not relieve the Contractor from obligations under the maintenance bond, if a maintenance bond is required by the Contract.

D. Requirements for the Extended Service Agreement are described in the Specification Sections for each piece of equipment or system requiring an Extended Service Agreement.


E. Enter into a contract with the service provider and assign the service contract to the Owner on the date Substantial Completion. Once assigned to the Owner, Contract requirements for the Extended Service Agreement will be complete and will not extend the Contract between the Owner and Contractor.

F. Owner may require that a performance bond be provided for the Extended Service Agreement. Provide a separate bond meeting the same requirements as those for the Contractor’s performance bond if required. The bond will be in the amount of the Extended Service Agreement.

G. Include an additional copy of Extended Service Agreements in operation and maintenance manuals.

H. Provide a copy of Extended Service Agreements in a separate document in accordance with Section 01 70 00 “Execution and Closeout Requirements.”

1.08 SHOP DRAWING SUBMITTAL PROCEDURES

A. Submit Shop Drawings to the Construction Manager. Send all documents in digital format for processing.

1. Provide all information requested. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided.

2. Submit all documents in Portable Document Format (PDF) as required by Section 01 33 00 “Document Management.” Provide color PDF documents where color is required to interpret the Shop Drawing. Provide Samples and color charts per Paragraph 1.10.

3. Submit each specific product, class of material, or equipment system separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one independent system in the same Submittal.

4. Submit items specified in different Specification Sections separately unless they are part of an integrated system.

5. Define abbreviations and symbols used in Shop Drawings.

a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings.

b. Provide a list of abbreviations and their meaning as used in the Shop Drawings.

c. Provide a legend for symbols used on Shop Drawings.

6. Mark Shop Drawings to reference:

a. Related Specification Sections;

b. Drawing number and detail designation;

c. Equipment designation or name;

d. Schedule references;

e. System into which the product is incorporated; and

f. Location where the product is incorporated into the Project.


B. Use the following conventions to markup Shop Drawings for review:

1. Make comments and corrections in the color blue. Add explanatory comments to the markup.

2. Highlight items in black (redact) that are not being furnished when the Supplier’s standard drawings or information sheets are provided so that only the products to be provided are in their original color.

3. Make comments in yellow where selections or decisions by the Design Professional are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action requested of the Design Professional.

4. Make comments in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form.

5. Mark dimensions with the prefix “FD” to indicate field verified dimensions on the Shop Drawings.

C. Designate a document as requiring priority treatment to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will be reviewed before other Shop Drawings already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings.

D. Complete the certification required by Paragraph 1.03.G.

1.09 SAMPLE AND MOCKUP SUBMITTAL PROCEDURES

A. Submit color charts and Samples for every product requiring color, texture, or finish selection.

1. Submit color charts and Samples only after Shop Drawings for the products have been approved.

2. Deliver all color charts and Samples at one time.

3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices.

4. Indicate the full range of color, texture, and patterns.

5. Deliver color charts and Samples to the field office and store for the duration of the Project.

6. Notify the Construction Manager that color charts and Samples have been delivered for approval using the Notification by Contractor form.

7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule.


8. Remove Samples that have not been approved. Submit new Samples following the same process as for the initial Sample until Samples are approved.

9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Construction Manager. At Owner’s option, Samples will become the property of the Owner.

B. Construct mockups for comparison with the Work being performed.

1. Construct mockups from the actual products to be used in construction per the detailed specifications.

2. Construct mockups of the size and in the area indicated in the Contract Documents.

3. Construct mockups complete with texture and finish to represent the finished product.

4. Notify the Construction Manager that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for Construction Manager to approve of the mockup before beginning the Work represented by the mockup.

5. Remove mockups that have not been approved. Construct new mockups following the same process as for the initial mockup until mockup is approved.

6. Protect mockups until Work has been completed and accepted by the Construction Manager.

7. Dispose of mockups when related Work has been completed and disposal is approved by the Construction Manager.

1.10 REQUESTS FOR DEVIATION

A. Submit a Change Proposal per Section 01 26 00 “Change Management” to request modifications to the Contract Documents, including those for approval of “or equal” products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures.

B. Provide a Shop Drawing with the Change Proposal that clearly identifies deviations for any product or component of the product that does not fully comply with the Contract Documents using the Shop Drawing Deviation Request form provided by the Construction Manager. Mark deviations on the Shop Drawing per Paragraph 1.09.B.

C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost.

D. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item.

E. Construction Manager will issue a Field Order or Change Order to approve acceptable deviations. Approval of a requested Shop Drawing deviation by the Design Professional on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification issued by the Construction Manager.


1.11 CONSTRUCTION MANAGER AND DESIGN PROFESSIONAL RESPONSIBILITIES

A. Shop Drawings will be received by the Construction Manager. Construction Manager will log the documents and forward to the Design Professional for review per this Section for general conformance with the Contract Documents.

1. Design Professional’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

2. Design Professional’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto.

3. Design Professional’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

B. Comments will be made on items called to the attention of the Design Professional for review and comment. Any marks made by the Design Professional do not constitute a blanket review of the document or relieve the Contractor from responsibility for errors or deviations from the Contract requirements.

1. Design Professional will respond to Contractor’s markups by either making markups directly in the Shop Drawing file using the color red or by attaching a Document Review Comments form with review comments keyed to the Drawings or Shop Drawing Deviation Request.

2. Shop Drawings that are reviewed will be returned with one or more of the following status designations:

a. Approved: Shop Drawing is found to be acceptable as submitted.

b. Approved as Noted: Shop Drawing is approved so long as corrections or notations made by Design Professional are incorporated into the Shop Drawing.

c. Not Approved: Shop Drawing or products described are not acceptable.

d. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease.

3. Shop Drawings will also be designated for one of the following actions:

a. Documents Filed: Shop Drawing is acceptable without further action and has been filed as a record document.

b. Shop Drawing Not Required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Section 01 33 03 “Product Data.”

c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease.


d. Revise and Resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review.

Actions “a” through “c” will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Action “d” requires follow up action to close out the review process.

4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted.” These drawings are to be revised to provide a clean record of the document. Proceed with ordering products as the documents are revised.

5. Dimensions or other data that do not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents.

C. Bring deviations to the Shop Drawings to the attention of the Design Professional for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviation, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole.

D. Requested deviations will be reviewed as a possible Modification to the Contract Documents.

1. A requested deviation will be marked as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval.

2. A Field Order will be issued by the Construction Manager for deviations approved by the Design Professional if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order.

3. A requested deviation will not be approved if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.

E. Contractor is to resubmit a complete Shop Drawing incorporating revisions until it is acceptable and marked “Approved” or “Approved as Noted” and is assigned an action per Paragraph 1.12.B.3 that indicates that the Shop Drawing process is closed.

F. Information that is submitted as a Shop Drawing that should be submitted as Product Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed.


1.12 RESUBMISSION REQUIREMENTS

A. Make all corrections or changes required by the Design Professional in the document and resubmit to the Construction Manager until approved.

B. Resubmit a complete Shop Drawing for each resubmittal. The last approved Shop Drawing must not rely on previous submissions. The final Shop Drawing is to provide a complete record for the Owner’s records.

C. Revise initial drawings or data and resubmit as specified for the reviewed document.

1. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Design Professional. This will include changes previously highlighted or clouded in yellow to direct attention to Design Professional to items requiring selections, decisions by the Design Professional or highlighted or clouded in orange for a requested deviation from the Contract Documents, or comments in red made by the Construction Manager.

2. Highlight and cloud new items in yellow where selections or decisions by the Design Professional are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Design Professional.

3. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form.

D. Pay for excessive review of Shop Drawings.

1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made.

2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor.

3. Cost for additional review time will be billed to the Owner by the Design Professional for the actual hours required for the review of Shop Drawings by Design Professional and in accordance with the rates listed in Section 00 73 00 “Supplementary Conditions.”

4. A set-off will be included in each Application for Payment to pay the cost for the additional review. The set-off will be based on invoices submitted to the Owner for these services.

5. Need for more than one resubmission or any other delay in obtaining Design Professional’s approval of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times.




END OF SECTION

Product Data 01 33 03 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 33 03 PRODUCT DATA

PART 1 - GENERAL

1.01 SUMMARY

A. Submit Product Data as required by the Contract Documents and as reasonably requested by the Construction Manager. Provide Product Data for all products unless a Shop Drawing is required for the same item.

B. Submit Product Data to provide documents that allow the Owner to:

1. Record the products incorporated into the Project;

2. Record detailed information about products regarding their fabrication, installation, commissioning, and testing; and

3. Provide replacement or repair of products at some future date.

C. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Product Data.

D. Submit a Change Proposal per Section 01 26 00 “Change Management” to request modifications to the Contract Documents, including those for approval of “or equal” products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be made by an approved Change Order or Field Order.


Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Product Data not meeting these criteria will not be accepted and must be resubmitted.


A. Furnish Product Data for products as indicated in the individual Specification Sections.

B. Include Product Data in the Document Register required by Section 01 33 00 “Document Management” to indicate the Product Data to be submitted, the dates on which documents are to be sent to the Construction Manager for review, and proposed dates that the product will be incorporated into the Project.

C. Complete the following before submitting Product Data:

1. Prepare Product Data and coordinate with Shop Drawings, Samples, Product Data for related products, and with the requirements of the Contract Documents;

2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information;

3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and


4. Determine and verify information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

D. Determine and verify:

1. Field measurements, quantities, and dimensions are shown on the Product Data and are accurate;

2. Location of existing structures, utilities, and equipment related to the Product Data have been shown and conflicts between the products, existing structures, utilities, and equipment have been brought to the attention of the Construction Manager;

3. Conflicts that impact the installation of the products have been brought to the attention of the Construction Manager;

4. Product Data is complete for its intended purpose; and

5. Conflicts between the Product Data related to the various Subcontractors and Suppliers have been resolved.

E. Review Product Data prior to submitting to the Construction Manager. Certify that all Product Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Product Data.

1.04 DOCUMENTATION

A. Include a complete description of the material or equipment to be furnished, including:

1. Type, dimensions, size, arrangement, model number, and operational parameters of the components;

2. Weights, gauges, materials of construction, external connections, anchors, and supports required;

3. Performance characteristics, capacities, engineering data, motor curves, and other information necessary to allow a complete evaluation of mechanical components;

4. All applicable standards;

5. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings;

6. Wiring and piping diagrams and related controls;

7. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and

8. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document that the measurements represent actual dimensions obtained at the Site.

B. Submit information for all components and related equipment required for a complete and operational system in one submittal.

1. Include electrical, mechanical, and other information required to indicate how the various components of the system function together as a system.


2. Provide certifications, warranties, and written guarantees and service contracts with the document package for review when these are required.

1.05 SPECIAL CERTIFICATIONS AND REPORTS

A. Provide all required certifications with the Product Data as specified in the individual Specification Sections:

1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements of the Contract Documents and is part of the Product Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Product Data.

2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300-mile radius of the Site. Include the names, addresses, and telephone numbers of approved service organizations with the certificate.

3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that the equipment has been designed to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter must state that mechanical and electrical components have been adequately sized to be fully operational for the conditions specified or normally encountered by the product’s intended use.

4. Certification of Applicator/Subcontractor (CSQ): A certified letter stating that the applicator or subcontractor proposed to perform a specified function is duly designated as factory authorized and trained for the application of the specified product.


A. Provide all required warranties, guarantees, and related documents with the Product Data. The effective date of warranties and guarantees will be the date of Substantial Completion.

B. Identify all Extended Warranties which are defined as any guarantee of performance for the product or system beyond the one-year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a warranty bond for extended warranties if required by Specification Sections.

C. Include an additional copy of equipment warranties in operation and maintenance manuals.

D. Provide a copy of all warranties in a separate document in accordance with Section 01 70 00 “Execution and Closeout Requirements.”

1.07 EXTENDED SERVICE AGREEMENTS

A. Provide Extended Service Agreements and related documents with the Product Data. An Extended Service Agreement is a contract between the Owner and an approved


Subcontractor or Supplier to provide service and or maintenance beyond that required to fulfill requirements for warranty repairs, or to perform routine maintenance for a definite period beyond the one-year correction period specified in the General Conditions.

B. An Extended Service Agreement does not relieve the Contractor from obligations under the one-year correction period or Warranty provisions specified in the General Conditions

C. An Extended Service Agreement does not relieve the Contractor from obligations under the maintenance bond, if a maintenance bond is required by the Contract.

D. Requirements for the Extended Service Agreement are described in the Specification Sections for each piece of equipment or system requiring an Extended Service Agreement.

E. Enter into a contract with the service provider and assign the service contract to the Owner on the date of Substantial Completion. Once assigned to the Owner, Contract requirements for the Extended Service Agreement will be complete and will not extend the Contract between the Owner and Contractor.

F. Owner may require that a performance bond be provided for the Extended Service Agreement. Provide a separate bond meeting the same requirements as those for the Contractor’s performance bond if required. The bond will be in the amount of the Extended Service Agreement.

G. Include an additional copy of Extended Service Agreements in operation and maintenance manuals.

H. Provide a copy of Extended Service Agreements in a separate document in accordance with Section 01 70 00 “Execution and Closeout Requirements.”

1.08 PRODUCT DATA SUBMITTAL PROCEDURES

A. Submit Product Data to the Construction Manager. Send all documents in digital format for processing.

1. Provide all information requested. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided.

2. Submit all documents in Portable Document Format (PDF) as required by Section 01 33 00 “Document Management.” Provide color PDF documents where color is required to interpret the Product Data.

3. Submit each specific product, class of material, or equipment system separately so these can be tracked and processed independently. Do not submit Product Data for more than one system in the same Submittal.

4. Submit items specified in different Specification Sections separately unless they are part of an integrated system.

5. Define abbreviations and symbols used in Product Data.

a. Use terms and symbols in Product Data consistent with the Contract Drawings.

b. Provide a list of abbreviations and their meaning as used in the Product Data.

c. Provide a legend for symbols used on Product Data.


6. Mark Product Data to reference:

a. Related Specification Sections;

b. Drawing number and detail designation;

c. Equipment designation or name;

d. Schedule references;

e. System into which the product is incorporated; and

f. Location where the product is incorporated into the Project.

B. Complete the certification required by Paragraph 1.03.F.

1.09 CONSTRUCTION MANAGER AND DESIGN PROFESSIONAL RESPONSIBILITIES

A. Product Data will be received by the Construction Manager, logged, and provided to Owner as the Project record.

1. Product Data may be reviewed to see that the information provided is adequate for the purpose intended. Product Data not meeting the requirements of Paragraph 1.02 may not be approved.

2. Product Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate.

3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Product Data. Contract modifications can only be approved by a Change Order or Field Order.

B. Construction Manager may take the following action in processing Product Data:

1. File Product Data as received if the cursory review indicates that the document meets the requirements of Paragraph 1.02. Document will be marked “Filed as Received” and “Documents Filed.” No further action is required on that Product Data.

2. Not approve the Product Data for one of the following reasons:

a. The documentation requirements of the Contract Documents indicate that the document submitted as Product Data should have been submitted as a Shop Drawing. The Product Data will be marked “Not Approved” and “Submit as Shop Drawing”. No further action is required on this document as Product Data and the Product Data process will be closed. Resubmit the document as a Shop Drawing per Section 01 33 02 “Shop Drawings.”

b. The cursory review indicates that the document does not meet the requirements of Paragraph 1.02. The Product Data will be marked “Not Approved” and “Revise and Resubmit”. Contractor is to resubmit the Product Data until it is acceptable and marked “Filed as Received”. When Product Data is filed, no further action is required and the Product Data process will be closed.

c. The Product Data is not required by the Contract Documents nor is applicable to the Project. The Product Data will be marked “Not Approved” and “Cancelled.” No further action is required and the Product Data process will be closed.


C. Contractor is to resubmit the Product Data until it is acceptable and marked “Filed as Received”.



END OF SECTION

Operation and Maintenance Data 01 33 04 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 33 04 OPERATION AND MAINTENANCE DATA

PART 1 - GENERAL

1.01 SUMMARY

A. Prepare a complete and detailed operation and maintenance manual (manual) for each type and model of equipment or product furnished and installed under this Contract.

B. Prepare manuals in the form of an instruction manual for the Owner. The manuals are to be suitable for use in providing the operation and maintenance instructions required by Section 01 79 00 “Training of Operation and Maintenance Personnel.”

C. Provide complete and detailed information specifically for the products or systems provided for this Project. Include the information required to operate and maintain the product or system.

D. Manuals are to be provided in addition to any information packed with or attached to the product when delivered. Remove information packed with or attached to the product and include this information as an attachment to the manual.

E. Include cost for manuals provided by Suppliers and Subcontractors as described in this Section in the Cost of Work for that equipment item.

1.02 DOCUMENTATION

A. Submit manuals in accordance with Section 01 33 00 “Document Management.” Attach a copy of the Operation and Maintenance Manual Review Report form provided by the Construction Manager to each manual with pertinent information completed.

B. Provide one preliminary electronic copy of the manual to the Construction Manager for review within 15 days after review of any equipment submittal by the OPT.

C. Provide one electronic copy and three printed copies of the final manual after:

1. Preliminary manuals have been approved;

2. Field test records have been incorporated into the manual; and

3. Record Documents per Section 01 31 13 “Project Coordination” have been approved and have been incorporated in the final manual.

D. Provide copies of the manufacturer’s warranties, guarantees, or service agreements in accordance with Section 01 70 00 “Execution and Closeout Requirements.”

PART 2 - PRODUCTS

2.01 MATERIALS

A. Provide digital files for each manual as specified in Paragraph 2.02.

1. Use filenames that correspond to the equipment designation shown in the Contract Documents or other equipment designations provided by the OPT.

2. Submit a preliminary version of the electronic manual for review. Provide a final version of the manual incorporating OPT’s comments.


B. Provide printed copies of each manual as specified in Paragraph 2.03.

2.02 ELECTRONIC MANUAL FORMAT

A. Manual contents are to be submitted in electronic format to the Construction Manager.

B. Provide individual electronic files for each manual.

1. Maximum file size is 75 MB. If manual is greater than maximum allowable file size, provide individual files for each major section of manual.

2. Acceptable file types for written documents are Portable Document File (PDF) or provide manual text in Microsoft Word. Provide drawings in native format and PDF format. All files must be compatible with the latest software version available.

3. Filename must identify the equipment location, equipment manufacturer, and date equipment placed in service, e.g. JCC1-Pump Room-Manufacturer-200503.pdf.

4. Each electronic file must contain a table of contents at the beginning of the file which includes hypertext links or bookmarks to navigate the file contents per section/chapter.

5. Scanned images of written documents are not acceptable. Document must allow character selection. Text within a file must be transferable to other documents.

6. Drawing files must have the ability to turn on/off drawing layers within the file.

2.03 PRINTED MANUAL FORMAT

A. Printed copies of each manual are to be submitted as follows:

1. Print manuals on heavy, first quality 8-1/2 x 11 paper.

a. Reduce drawings and diagrams to 8-1/2 x 11 paper size.

b. When reduction is not practical, fold drawings and place each separately in a clear, super heavy weight, top loading polypropylene sheet protector designed for three-ring binder use. Provide a typed identification label on each sheet protector.

c. Punch paper for standard three-ring binders.

2. Place manuals in heavy duty presentation, d-ring binders with clear front, back, and spine covers.

3. Identify each manual by placing a printed cover sheet in the front cover of the binder and as the first page in the manual. The first page is to be placed in a clear polypropylene sheet protector. The information on first page and the cover page are to include:

a. Name of Owner;

b. Project name;

c. Volume number; and

d. Table of contents.

4. Insert the name of the Project and volume number into the spine covers.


5. Sheet lifters are to be provided.

6. Minimum size is 2-inch capacity. Maximum size is 3-inch capacity. Fill binders to only three-fourths of its indicated capacity to allow for addition of materials to each binder by the Owner.

7. Provide index tabs for each section of the manual. Indexes are to be constructed of heavy-duty paper with a reinforced binding edge. The designation on each index tab is to correspond to the number and letter assigned in the Table of Contents.

8. Manuals for several products or systems may be provided in the same binder. Correlate the data into related groups when multiple products or systems are included in the same binder.

a. Sections for each product or system must be included in the same binder.

b. Sections must be in numerical order from volume to volume.

PART 3 - EXECUTION

3.01 MANUAL ORGANIZATION AND CONTENTS

A. Provide a table of contents listing each section of the manual for each product or system.

1. Assign a number and letter to each section in the manual.

a. The number is to correspond to the Owner’s equipment numbering system or other system designated in the Contract Documents.

b. The letter assigned will represent the part of the manual, consistent with the manual contents as required by this Section.

2. Identify each product or system using the nomenclature shown in the Contract Documents. Provide a cross reference to the Owner’s numbering system and designations for equipment indicated in the Contract Documents if these are different.

B. Include only the information that pertains to the product described. Annotate each sheet to:

1. Clearly identify the specific product or component installed;

2. Clearly identify the data applicable to the installation; and

3. Delete or strike through references to inapplicable information.

C. Supplement manual information with drawings as necessary to clearly illustrate relations of component parts of equipment and systems, and control and flow diagrams.

D. Manuals for several products or systems may be provided in the same binder.

E. Fill binders to only three-fourths of its indicated capacity to allow for addition of information by the Owner.

3.02 EQUIPMENT AND SYSTEMS MANUAL CONTENT

A. Provide the following information in the first tabbed section of each manual:

1. A description of the unit and component parts and how it functions.


2. Operating instructions for pre-startup, startup, normal operations, regulation, control, shutdown, emergency conditions, and limiting operating conditions.

3. The sequence of operation by the controls manufacturer. Provide control diagrams by the manufacturer, modified to reflect the as-built, as-installed condition.

4. Include general assembly contract drawings, sections, and photographic views as necessary to completely depict and properly identify the equipment. Indicate the dimensions, weight, capacity, and design conditions for the equipment.

B. Include detailed information to allow for the proper installation, calibration, testing, preventative, and corrective maintenance procedures in the second section of the manual or of each section of the manual information if the manual covers a multi-component equipment system. This information should include the following:

1. Maintenance instructions including assembly, installation, alignment, clearances, tolerances, and interfacing equipment requirements, adjustment, and checking instructions. Include any special rigging required to place the equipment into place, and any special test equipment required to place the equipment in service.

2. A safety subsection which addresses all safety and tag-out procedures necessary to safely operate and maintain the equipment.

3. Lubrication schedule and lubrication procedures. Include a cross reference for recommended lubrication products.

4. Troubleshooting guide.

5. A table showing the schedule of routine maintenance requirements and seasonal work which is not performed at a set frequency. Preventative maintenance tasking must address:

a. Daily/weekly inspections performed by operations personnel;

b. Routine preventative maintenance scheduled weekly, monthly, quarterly, semi-annually, or annually through major overhauls by maintenance personnel; and

c. Predictive maintenance work such as alignment, analysis of the equipment, vibration, flow, oil sampling, etc.

6. Description of sequence of operation by the control manufacturer.

7. Warnings for detrimental maintenance practices.

8. Detailed corrective maintenance procedures including:

a. Detail equipment for complete disassembly and assembly;

b. Cross-sectional drawings or exploded views with all parts numbered to correspond with the numbers in the parts list to permit identification of the various parts;

c. A table of normal clearances, diameters, thickness of new parts, and limits permissible for wearing parts; and

d. List torque settings for nuts, bolts, and fasteners when critical to the equipment’s performance.


C. Include all necessary diagrammatic piping and wiring diagrams and miscellaneous contract drawings and equipment in the third section of the manual or of each section of the manual if the manual covers a multi-component equipment system.

D. Provide spare parts information in the fourth section of the manual including:

1. Part numbers for ordering new parts;

2. Assembly illustrations showing an exploded view of the complex parts of the product;

3. Predicted life of parts subject to wear;

4. List of the manufacturer’s recommended spare parts, current prices with effective date, and number of parts recommended for storage;

5. Directory of a local source of supply for parts with company name, address, and telephone number;

6. Complete nomenclature and list of commercial replacement parts; and

7. Complete list of spare parts, spare equipment, tools, and materials that are turned over to the Owner.

E. Provide statistical information from the original equipment manufacturer as to performance such as pump curves, flow charts insulation resistance, calibration, or test data sheets in the fifth section of the manual, including all field testing records used to verify actual performance.

F. Provide equipment name plate data installed on equipment and valves and equipment data sheets as required and furnished by the Owner in the sixth section of the manual.

G. Provide a copy of warranties and the date the warranty expires for equipment in the seventh section of the manual.

3.03 ELECTRICAL AND ELECTRONICS SYSTEMS MANUAL

A. Provide all of the information listed in Paragraph 3.02 as appropriate and include the following information:

1. Control schematics and point to point wiring diagrams prepared for field installation;

2. Circuit directories of panel boards and terminal strips and as installed color coded wiring diagrams; and

3. Other information as may be required by the individual Specification Sections.

3.04 LIST OF SERVICE ORGANIZATIONS

Provide a directory of authorized service organizations with company name, address, telephone number, email address, and the contact person for warranty repair.

END OF SECTION

Construction Progress Schedule 01 33 05 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 33 05 CONSTRUCTION PROGRESS SCHEDULE

PART 1 - GENERAL

1.01 SUMMARY

A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project.

B. Provide Progress Schedule in adequate detail to allow Owner to monitor progress and to relate submittal processing to sequential activities of the Work.

C. Incorporate Contract Milestones into the schedule and show activities leading to achievement of these milestones.

D. Assume complete responsibility for maintaining the progress of the Work per the Progress Schedule submitted.

1.02 DOCUMENTATION

A. Submit the schedules to the Construction Manager. Send all documents in digital format for processing.

B. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided.

C. Provide schedules, schedule updates and revisions to the Construction Manager in electronic format in its originating software and in Portable Document Format (PDF) as required by Section 01 33 00 “Document Management.”

D. Submit a preliminary Progress Schedule at the pre-construction conference.

E. Submit a detailed Progress Schedule at least 10 days prior to the first payment request.

F. Submit Progress Schedule updates monthly within 10 days after submitting Applications for Payment to indicate the progress made on the Project to the closing date for the Application for Payment. Failure to submit Progress Schedules will cause delay in the review and approval of subsequent Applications for Payment.

1.03 PROGRESS SCHEDULE REQUIREMENTS

A. Progress Schedule is to be in adequate detail to:

1. Ensure adequate planning, scheduling, and reporting during the execution of the Work;

2. Ensure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers;

3. Monitor the progress of the Work; and

4. Evaluate the impact of proposed changes to the Contract Times and Project Schedule.

B. Provide personnel with 5 years’ minimum experience in scheduling construction work comparable to this Project. Prepare the Progress Schedule using acceptable scheduling software.


C. Provide the Progress Schedule in the form of a computer-generated critical path schedule which includes Work to be performed on the Project. It is intended that the Progress Schedule accomplish the following:

1. Give early warning of delays in time for correction.

2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships.

3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities.

4. Provide continuous current status information.

5. Allow analysis of the Contractor’s program for the completion of the Project.

6. Permit schedules to be revised when the existing schedule is not achievable.

7. Log the progress of the Work as it actually occurs.

D. Provide a time-scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate:

1. Complete sequence of construction by activity;

2. Identification of the activity by structure, location, and type of Work;

3. Chronological order of the start of each item of Work;

4. The activity start and stop dates;

5. The activity duration; and production rates used to determine the duration;

6. Successor and predecessor relationships for each activity;

7. A clearly indicated single critical path; and

8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month.

E. Provide a Progress Schedule for Submittals:

1. Indicate the specific dates each document is to be delivered to the Construction Manager.

2. Allow a reasonable time to review each document, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time.

3. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for at least a second review.

4. Assume a 14-day review cycle for each time a Shop Drawing is submitted for review unless a longer period is indicated in the Contract Documents or provided by the Construction Manager.

5. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous documents and for time lost when documents are submitted for products that do not meet specification requirements.


1.04 PROGRESS SCHEDULE REVISIONS

A. Revise the Progress Schedule if it appears that the schedule no longer represents the actual progress of the Work.

1. Submit a Plan of Action for schedule recovery if the Progress Schedule or earned value analysis indicates that the Project is more than 30 days behind schedule. The report is to include:

a. Number of days behind schedule;

b. Narrative description of the steps to be taken to bring the Project back on schedule; and

c. Anticipated time required to bring the Project back on schedule.

2. Submit a revised Progress Schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule.

B. Revise the Progress Schedule to indicate any adjustments in Contract Times approved by a Modification.

1. Include a revised Progress Schedule with Change Proposals if a change in Contract Times is requested.

2. Construction Manager will deem any Change Proposal that does not have a revised Progress Schedule and request for a change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times.

C. Updating the Progress Schedule to reflect actual progress is not considered a revision to the schedule.

D. Applications for Payment will not be recommended for payment without a revised Progress Schedule and if required, the report indicating the Contractor’s plan for bringing the Project back on schedule.

1.05 FLOAT TIME

A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule.

B. Float time is not for the exclusive use or benefit of either the Contractor or Owner.

C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems.

D. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time.

1.06 MODIFICATION OF CONTRACT TIMES

A. Contract Times cannot be changed by the submission of a Progress Schedule. Contract Times can only be modified by a Change Order or Contract Amendment.

B. Submit a Change Proposal for any proposed change in Contract Times, and include justification for the change in accordance with the provisions of the Contract Documents.


1.07 NEAR-TERM LOOK AHEAD SCHEDULES

A. Provide a near-term look ahead schedule (NTLA Schedule) every 30 days, typically at periodic coordination meetings, using the form provided by the Construction Manager which shows the days of planned activity for the following:

1. Submittals to be provided and day of anticipated return;

2. Equipment and material deliveries;

3. Arrival and departure of key construction equipment; and

4. Activities for the Contractor and each Subcontractor.

B. Coordinate NTLA Schedule with Project Schedule. Submit a report with each NTLA Schedule identifying deviations from the Project Schedule.

C. Submit a report of near-term work planned in the previous NTLA Schedule that was delayed or not executed by marking actual activity on the previous near term look ahead schedule. Provide explanation of why planned work was not executed and plan to execute in the future and regain time lost.



END OF SECTION

Graphic Documentation 01 33 06 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 33 06 GRAPHIC DOCUMENTATION

PART 1 - GENERAL

1.01 SUMMARY

A. Furnish an adequate number of photographs of the Site to clearly depict the completed Project.

1. Provide aerial photographs of the completed Project from an angle and height to include the entire Site.

2. Provide a minimum of four different views.

3. Photograph a panoramic view of the entire Site.

4. Photograph all significant areas of completed construction.

5. Do not take completion photographs until all construction trailers, excess materials, trash, and debris have been removed.

6. Employ a professional photographer approved by the Construction Manager to photograph the Project.

B. Provide video recordings of the Site.

1. Record the condition of all existing facilities in or abutting the construction area (right-of-way) including streets, curb and gutter, utilities, driveways, fencing, landscaping, etc., prior the beginning of construction. Provide one copy of the dated and labeled recording to the Construction Manager before the start of construction. Provide additional recording as directed by the Construction Manager if the recording provided is not considered suitable for the purpose of recording pre-existing conditions.

2. Provide a video recording of the Site after the Project is complete and all construction trailers, excess materials, trash, and debris have been removed. Provide a 360-degree view of the Project from a consistent height and angle.

3. Format must allow photographic still shots to be extracted from the video recording.

C. All photographs and video recordings are to become the property of the Owner. Photographs or recordings may not be used for public or private publication or display without the written consent of the Owner.

1.02 DOCUMENTATION

Submit photographic documentation and two flash drives of the video recording in accordance with Section 01 33 00 “Document Management.”


Provide clear photographs and video recordings taken with proper exposure. View photographs and video recordings in the field and take new photographs or video recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements.

Graphic Documentation 01 33 06 - 2BUA19270 – Meadows at Buda Lift Station Improvements

PART 2 - PRODUCTS

2.01 PHOTOGRAPHS

A. Provide photographs in digital format with a minimum resolution of 1280x960, accomplished without a digital zoom.

B. Take photographs at locations acceptable to the Construction Manager.

C. Provide a digital copy on a flash drive of each photograph taken.

2.02 VIDEO RECORDING

A. Provide video recordings in digital format on a flash drive that can be played with Windows Media Player in common format in full screen mode without loss of resolution.

B. Identify Project on video by audio or visual means.

C. Provide video with file size that does not exceed 1 GB.

D. Provide video resolution of at least 1080p.

E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest; do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area.

F. The entire construction area recording must be submitted at once. Sections submitted separately will not be accepted.

G. Site components must be video recorded in an organized sequential order with major components identified.


END OF SECTION

Special Procedures 01 35 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 35 00 SPECIAL PROCEDURES

PART 1 - GENERAL

1.01 CONSTRUCTION SEQUENCE

A. Consider the sequences, duration limitations, and governing factors outlined in this Section to prepare the schedule for the Work.

B. Perform the Work not specifically described in this Section as required to complete the entire Project within the Contract Times.

1.02 CRITICAL OPERATIONS

A. If the lift station is out of service for any length of time, Contractor must provide temporary power, controls and/or by-pass pumping as required to maintain the operation of the station.

B. Submit a written Plan of Action per Section 01 31 13 “Project Coordination” for approval for critical operations.

C. Work affecting critical operations is to be performed on a 24-hour a day basis until Owner’s normal operations have been restored.

D. Provide additional manpower and equipment as required to complete the Work affecting critical operations within the allotted time.

1.03 OWNER GENERAL INSPECTION

A. City Inspector’s standard hours are 7:00 a.m. to 3:30 p.m., Monday through Friday.

B. Work will not be allowed on City observed holidays.

C. Contractor must notify the City at least 48-hours in advance of any weekend work.

D. Contractor may perform work that does not require inspection on the weekends without a City inspector present, as determined by the City. Contractor must verify if work requires inspection for proceeding.

E. Weekend or work outside of standard hours will be considered overtime and the Contractor will be responsible for reimbursing the City for overtime wages. Inspector overtime wages are $50/hour. Weekend work will have a minimum 4-hour charge per day. Reimbursement will be deducted from the Contractor’s pay application on a monthly basis.



END OF SECTION

Quality Management 01 40 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 40 00 QUALITY MANAGEMENT

PART 1 - GENERAL

1.01 OVERVIEW

A. Quality management refers to the overall process of delivering a completed Project to the Owner that complies with the requirements of the Contract Documents. Quality management applies to documentation, products, services and the Work.

B. The Contractor is responsible for the quality of documentation, products, services and the Work provided.

1. Contractor is to integrate quality control procedures into the execution of the Work that are adequate to produce a Project that meets the requirements of the Contract Documents, while minimizing loss of time and increased costs. Contractor is solely responsible for time and cost impacts of correcting Defective Work.

2. Contractor is to provide all testing and inspection required to control the quality of the Work in progress to determine that completed Work will comply with the requirements of the Contract Documents.

3. Contractor is to provide verification or acceptance testing as required by the Contract Documents to demonstrate that the completed Work complies with the requirements of the Contract Documents.

1.02 STANDARDS

A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) “Recommended Requirements for Independent Laboratory Qualifications.”

B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of ASTM International (American Society for Testing and Materials), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations.

1.03 DOCUMENTATION

A. Provide documentation which includes:

1. Contractor’s Quality Management Plan that establishes the methods of ensuring compliance with the Contract Documents. Submit this plan as Product Data per Section 01 31 13 “Project Coordination.”

2. A statement of qualifications for any proposed testing laboratory that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects.

3. Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that the proposed products comply with the Contract Documents or indicate that the proposed products do not comply with the Contract Documents and


why those products do not comply. Submit Certified Test Reports as part of a Shop Drawing submitted per Section 01 33 02 “Shop Drawings.”

4. Certified Test Reports for inspections and testing required in this Section and in other Sections of the Specifications. Provide reports to indicate that the Work complies with the Contract Documents or indicate that the Work does not comply with the Contract Documents and why the Work does not comply. Submit these test reports on forms provided by the Construction Manager per Section 01 33 00 “Document Management.”

5. Certified Test Reports of Defective Work and Certified Test Reports documenting that successful corrective action has produced Work that complies with the Contract Documents. Maintain a register listing Defective Work and record when corrective action has produced Work that complies with the Contract Documents. Present this Defective Work register as part of the Quality Report at progress meetings as described in Paragraph 1.05.E. Incorporate this register in the closeout documentation per Section 01 70 00 “Execution and Closeout Requirements” to demonstrate that all Defective Work has been corrected.

1.04 OWNER’S QUALITY MANAGEMENT ACTIVITIES

A. OPT may perform its own verification testing independent of the Contractor to verify the results of the Contractor’s Work complies with the requirements of the Contract Documents. Performance or non-performance of verification activities by the OPT:

1. Does not relieve the Contractor of its responsibility to provide Work and furnish products that comply with the requirements of the Contract Documents;

2. Does not relieve the Contractor of its responsibility to provide adequate quality control measures to produce quality documents, products, services, or Work;

3. Does not relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT’s acceptance; and

4. Does not affect the continuing rights of the Owner after OPT’s acceptance of the completed Work.

B. The Work is subject to OPT’s observations or testing at any time. Products which have been tested or inspected and accepted by the OPT at a supply source or staging area may be inspected or tested again by the OPT before, during, or after incorporation into the Work and rejected if products do not comply with the Contract Documents.

C. Verification testing performed by the OPT will be paid for by the Owner, except for testing related to Defective Work as discussed in Paragraph 3.03.


A. Provide a Contractor’s Quality Control Plan (CQCP) outlining testing to be provided by the Contractor per Paragraph 1.07.

B. Implement the CQCP to provide Work that complies with the requirements of the Contract Documents.

1. Provide quality documents meeting the requirements of the Contract Documents.


2. Provide services meeting the requirements of the Contract Documents.

3. Provide the services of a Construction Materials Inspection and Testing (CMIT) provider meeting the requirements of this Section to provide testing required by the Contract Documents to demonstrate that products proposed for the Project in Shop Drawings and Product Data fully comply with the Contract Documents.

4. Inspect and test products to be incorporated into the Project to identify defects before installing them. Do not install Defective products. Conspicuously mark Defective products and remove from the Site. If products are installed before the defect is recognized, remove the Defective products, mark them as Defective and remove them from the Site when the defect is recognized.

5. Integrate production quality control measures into construction activities to produce Work meeting the requirements of the Contract Documents. Inspect self-performed Work and the Work of Subcontractors and Suppliers to identify defects. Correct or replace Defective Work.

6. Provide facilities, equipment, and Samples required for inspections and tests.

a. Give the Construction Manager adequate notice before proceeding with Work that would interfere with inspections or testing.

b. Notify the Construction Manager and CMIT provider prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be performed.

c. Do not proceed with Work that would impact the ability to correct defects, or with Work that would require that it be removed to correct defects, until testing is complete, and test results indicate that the corrected Work is acceptable.

d. Provide safe access for all CMIT activities, including those to be conducted by the Owner.

e. Cooperate fully with the performance of sampling, inspection, and testing. Provide personnel to assist with sampling or to assist in making inspections and field tests.

f. Provide Samples and products in adequate quantities for testing at the Site or at the production source of the product for testing.

g. Provide facilities required to store and cure test Samples.

h. Provide adequate lighting for inspections.

C. Perform tests as indicated in Contract Documents. All verification testing is to be observed by the Construction Manager or its designated representative.

D. Submit test reports to the Construction Manager.

E. Provide an update on quality control activities performed the previous month and planned for the coming month at monthly progress meetings required by Section 01 31 13 “Project Coordination.”

F. Determine testing or inspections required to implement the CQCP. Include costs for additional testing and inspections required to meet Contractor’s quality control obligations in the Contract Price.


1.06 CONTRACTOR’S QUALITY CONTROL MANAGER

A. Provide a Quality Control Manager for the Project. The Quality Control Manager must have authority to reject Defective Work, redirect the efforts of the Contractor, Subcontractor and Suppliers to correct Defective Work and implement steps to prevent future Defective Work.

B. The resident superintendent or an approved assistant can serve as Quality Control Manager, provided other duties will allow adequate time to serve in this capacity.

1.07 CONTRACTOR’S QUALITY CONTROL PLAN

A. Provide a CQCP that describes testing and inspections for Work performed at the Site and at remote locations. Include Work by Subcontractors and Suppliers. The CQCP is to include:

1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work;

2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager.;

3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function;

4. Procedures for scheduling, reviewing, certifying, and managing documentation including documentation provided by Subcontractors and Suppliers;

5. Control, verification, and acceptance testing procedures for each specific test. Include:

a. Name of tests to be performed,

b. Specification paragraph requiring test,

c. Parameters of Work to be tested,

d. Test frequency,

e. Persons responsible for each test, and

f. Applicable industry testing standards and laboratory facilities to be used for the test;

6. Procedures for tracking and documenting quality management efforts per Paragraph 1.03.

7. Reporting procedures which incorporate the use of forms provided by the Construction Manager.

8. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 1.03.

B. Use the Contractor’s Quality Control Plan Checklist provided by the Construction Manager to review the CQCP before submitting and include a copy of the completed checklist with the CQCP. Do not begin Work until the CQCP is accepted. Submit an interim plan covering only the portion of Work to be performed if the Contractor plans to begin Work prior to submitting the complete CQCP for the Project. Do not begin Work on other parts of the Project until the complete CQCP is accepted.


C. Meet with the OPT 7 days after CQCP is submitted and before start of construction to discuss the CQCP.

D. Notify the Construction Manager of any changes to the CQCP or quality control personnel.

1.08 CONTRACTOR’S USE OF OWNER’S TEST REPORTS

Contractor will receive copies of all test reports documenting Owner’s verification tests. Contractor is entitled to rely on the accuracy of these tests results and use these as part of its quality control efforts.

1.09 LIMITATION OF AUTHORITY OF THE TESTING LABORATORY

A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed.

B. The testing laboratory is not authorized to:

1. Alter the requirements of the Contract Documents;

2. Accept or reject any portion of the Work;

3. Perform any of the duties of the Contractor; or

4. Direct or stop the Work.

1.10 TEST REPORTS

A. Certified Test Reports are to be prepared for all tests.

1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT using the process directed by the Construction Manager. These reports must include the following:

a. Name of the Owner, Project title and number, and name of the Contractor;

b. Name, address, and telephone number of the laboratory;

c. Name and signature of the laboratory personnel performing the test;

d. Description of the product being sampled or tested;

e. Date and time of sampling, inspection, and testing;

f. Date the report was issued;

g. Description of the test performed;

h. Weather conditions and temperature at time of test or sampling;

i. Location at the Site or structure where the test was taken;

j. Standard or test procedure used in making the test;

k. A description of the results of the test;

l. Statement of compliance or non-compliance with the Contract Documents; and

m. Interpretations of test results, if appropriate.


2. Submit reports on tests performed by Contractor, Subcontractors, or Suppliers as directed by the Construction Manager.

B. Submit test reports as directed by the Construction Manager within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. Notify the Construction Manager using an acceptable means other than the test report, immediately of any test that fails to comply with the Contract Documents.

1.11 DELIVERY, STORAGE, AND HANDLING

Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, and processing test specimens as required by test standards to maintain the integrity of Samples. Transport test specimens in a manner to prevent damage to specimens while in transit.

PART 2 - PRODUCTS

2.01 TESTING APPARATUS

Furnish testing apparatus and related accessories necessary to perform the tests.

2.02 SAMPLE PRODUCTS

Provide Samples of products in adequate quantity for testing.

PART 3 - EXECUTION

3.01 IMPLEMENTING CONTRACTOR’S QUALITY CONTROL PLAN

A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings.

B. Include the following phases for each definable work task. A definable work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be work by the same trade in a different environment.

1. Planning Phase: Perform the following before beginning each definable work task:

a. Review the Contract Documents.

b. Review documents the Contractor will submit and determine that they are complete in accordance with the Contract Documents.

c. Check to ensure that all materials and/or equipment have been tested, submitted, and approved.

d. Examine the work area to ensure that all required preliminary Work has been completed and complies with the Contract Documents.

e. Examine required materials, equipment, and sample Work to ensure that they are on hand, conform to Contract Documents, Shop Drawings and Product Data, and are properly stored.


f. Review requirements for quality control inspection and testing.

g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the work task.

h. Check that the portion of the plan for the Work to be performed incorporates document review comments.

i. Discuss results of planning phase with the Construction Manager. Conduct a meeting attended by the Construction Manager, Quality Control Manager, superintendent, other quality control personnel as applicable, and the foreman responsible for the work task. Instruct applicable workers as to the acceptable level of workmanship required to meet the requirements of the Contract Documents. Document the results of the planning phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report.

j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met.

2. Work Phase: Complete this phase after the planning phase.

a. Notify the Construction Manager at least 1 week in advance of beginning the Work and discuss the review of the planning phase effort to indicate that requirements have been met.

b. Check the Work to ensure that it is in full compliance with the Contract Documents.

c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed.

d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate.

e. Repeat the work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met.

3. Follow-Up Phase: Perform daily checks to ensure control activities, including control testing, are providing continued compliance with contract requirements.

a. Make checks daily and record observations in the quality control documentation.

b. Conduct follow-up checks and correct all defects prior to the start of additional work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work.

c. Conduct a review of the Work at least 1 month prior to the expiration of the correction period prescribed in the General Conditions with the OPT. Correct defects as noted during the review.

C. Conduct additional planning and work phases if:

1. The quality of on-going Work is unacceptable;

2. Changes are made in applicable quality control staff, on-site production supervision, or crews;


3. Work on a task is resumed after a substantial period of inactivity; or

4. Other quality problems develop.

3.02 DEFECTIVE WORK

A. Immediately correct any Defective Work or notify the Construction Manager why the Work is not to be corrected immediately and when corrective action will be completed.

B. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all costs associated with replacing any acceptable Work that must be removed, or might be damaged by corrective actions.

C. Document Defective Work, corrective actions taken to correct defects, and that corrected Work complies with the Contract Documents.

D. Implement countermeasures to prevent future Defective Work.

E. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective.

F. Owner will withhold payment for Defective Work or Work that has not been tested or inspected in accordance with the CQCP or the Contract Documents.

3.03 VERIFICATION TESTING FOR CORRECTED DEFECTS

A. Provide verification testing on corrected Work when corrective action is complete to demonstrate that the corrected Work complies with the Contract Documents. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. Document that Defective Work has been corrected with the Construction Manager.

B. Pay for verification testing until Work meets quality requirement set forth in the Contract Documents. OPT may perform verification testing as part of its Quality Management Program and impose a set-off to recover the cost for this testing.

END OF SECTION

Temporary Facilities and Controls 01 50 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 50 00 TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL

1.01 SUMMARY

A. Provide temporary utilities needed to support the operation of the facilities and construction activities.

B. Provide and maintain temporary project identification signs for Owner.

C. Provide temporary informational signs to identify key elements of construction and direct the flow of traffic.

D. Provide a weatherproof kiosk for display of permits and other notices required by Laws and Regulations.


Inspect and test each utility before using facilities. Arrange for all required inspections and tests by regulatory agencies, and obtain required certifications and permits for use of facilities.

1.03 DELIVERY, STORAGE, AND HANDLING

Transport, unload, and set up all temporary buildings and utilities.

1.04 JOB CONDITIONS

A. Locate buildings and sheds at the Site as indicated or as approved by the OPT.

B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures.

C. Provide Contractor’s temporary facilities and utilities in time to avoid delays in the performance of the Work.

D. Provide and maintain temporary facilities and utilities.

E. Operate temporary facilities in a safe and efficient manner.

1. Restrict loads on utilities to operate within their designed or designated capacities.

2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site.

3. Prevent freezing of pipes, flooding, or the contamination of water.

4. Maintain site security and protection of the facilities.

F. Remove temporary facilities and utilities when construction is complete and removal is approved by the Construction Manager.


PART 2 - PRODUCTS

2.01 SIGN MATERIALS

A. Provide wood or metal signs in sound condition, structurally adequate to withstand wind and weather.

B. Provide 3/4-inch exterior grade A/D face veneer plywood with medium density overlay for sign surface.

C. Provide galvanized or stainless steel bolts, brackets, fasteners, and other hardware.

D. Provide exterior quality coatings.

2.02 CONTRACTOR’S FIELD OFFICE

Furnish a field office of adequate size for Contractor’s use, as needed by the Contractor.

2.03 TEMPORARY STORAGE BUILDINGS

Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather.

2.04 TEMPORARY SANITARY FACILITIES

A. Provide sanitary facilities at the Site for the entire duration of the Project. Maintain these facilities in a clean and sanitary condition at all times, and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations so that no point at the Site will be more than 600 feet from a toilet.

B. Use these sanitary facilities. Do not use restrooms within existing or Owner-occupied buildings.

2.05 TEMPORARY UTILITIES

A. Provide the temporary utilities for administration, construction, testing, disinfection, and startup of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities.

1. Provide a source of temporary electrical power of adequate size for construction procedures.

a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the Construction Manager for approval prior to installation.

b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company.

2. Provide temporary water.

3. Provide telephone service to the Site and install telephones inside the Contractor’s and OPT’s field offices.

B. Provide power for construction and storage. Provide power to energize space heaters for stored electrical equipment.


2.06 WATER FOR CONSTRUCTION

Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non-potable water may be used for hydraulic testing of non-potable basins or pipelines. Include the cost of water in the Contract Price.

PART 3 - EXECUTION

3.01 LOCATION OF TEMPORARY FACILITIES

Locate temporary facilities in areas approved by the Construction Manager. Construct and install signs at locations approved by the Construction Manager. Install informational signs so they are clearly visible.

3.02 PROJECT IDENTIFICATION SIGNS

Arrange for a professional sign painter to paint and erect a sign for the Site in accordance with the sign information provided in the Contract Documents or provided by Owner. Sign will include identification of the OPT and Contractor (including appropriate logos, as required) and other Project information as determined by the Construction Manager. Paint sign on a 4-foot by 8-foot by 3/4-inch exterior grade plywood board. Frame plywood with 2 x 4 wood frame and mount on not less than two 4 x 4 posts. House plywood board in a channel routed 1/2 inch deep in the 2 x 4 frame. Shoulder, glue, and screw corners.

3.03 TEMPORARY LIGHTING

A. Provide temporary lighting inside buildings once buildings are weatherproof.

B. Provide exterior security lighting.

C. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service.

D. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed.

3.04 DRINKING WATER

A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided.

B. Pay for water services and maintain daily.

3.05 CONSTRUCTION FENCE

Install and maintain a chain-link construction fence around the Site and off-site storage yards. Fence must be a minimum 6 feet high with 3-strands of barbed wire, or a minimum of 8 feet high without barbed wire. Provide gates with padlocks.

Project is an active site and TCEQ approved fencing must be in-place anytime the Contractor is not on site.


3.06 REMOVAL OF TEMPORARY FACILITIES

A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished condition in accordance with the Drawings.

B. Remove informational signs upon completion of construction.

C. Remove project identification signs, framing, supports, and foundations upon completion of the Project.

3.07 MAINTENANCE AND JANITORIAL SERVICE

A. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs.

B. Repair any damage to Work caused by placement or removal of temporary signage.

END OF SECTION

Temporary Controls 01 57 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 57 00 TEMPORARY CONTROLS

PART 1 - GENERAL

1.01 SUMMARY

A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed.

B. Construct temporary impounding works, channels, diversions, furnishing, and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project.

1.02 DOCUMENTATION

A. Provide Shop Drawings in accordance with Section 01 33 02 “Shop Drawings.”

B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Product Data in accordance with Section 01 31 13 “Project Coordination.”


A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment.

B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents.

1.04 POLLUTION CONTROL

A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air-borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner.

B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage.

1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off-site locations in an acceptable manner.

2. Excavate contaminated soil and dispose at an off-site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil.

3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site.


4. Comply with Laws and Regulations regarding the disposal of pollutants.

C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or contaminated soil is considered contaminated. Do not allow contaminated water to enter streams or water courses, leave the Site in a non-contained form, or enter non-contaminated areas of the Site.

1. Construct temporary holding ponds or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area.

2. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water.

1.05 EARTH CONTROL

A. Remove excess soil, spoil materials, and other earth not required for backfill. Control stockpiled materials to eliminate interference with Contractor and Owner’s operations.

B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property as Product Data per Section 01 31 13 “Project Coordination.” Obtain approval of the OPT if this disposal impacts the use of Site or other easements.

1.06 AIR POLLUTION CONTROL

A. Air Pollution Watch Days:

1. Air Pollution Watch Days (APWD) may occur in the following times:

a. Typical Ozone Season: May 1 through October 31.

b. Critical Emission Time: 6:00 a.m. to 10:00 a.m.

2. Watch Days:

a. State or local environmental regulatory agencies, in coordination with the National Weather Service, may designate the following day as an APWD by 3:00 p.m. on the prior afternoon.

b. Begin work after 10:00 a.m. on designated APWD if work requires the use of heavy construction equipment for run times in excess of 1 hour prior to 10:00 a.m. Heavy construction equipment may be used prior to 10:00 a.m. if equipment is certified by EPA as “Low Emitting” or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG.

B. Obtain air permit for construction activities per requirements of Laws and Regulations.

1.07 TEMPORARY STORMWATER POLLUTION CONTROL

A. Provide temporary stormwater pollution control per Section 01 57 23 “Temporary Stormwater Pollution Control.”


1.08 MANAGEMENT OF WATER

A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times.

B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water.

C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management.

D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site.

E. Remove the temporary construction and restore the Site in a manner acceptable to the Construction Manager and to match surrounding material at the conclusion of the Work.

PART 2 - PRODUCTS

2.01 MATERIALS

Provide materials that comply with Laws and Regulations.

PART 3 - EXECUTION

3.01 CONSTRUCTING, MAINTAINING, AND REMOVING TEMPORARY CONTROLS

A. Construct temporary controls in accordance with Laws and Regulations.

B. Maintain controls in accordance with regulatory requirements where applicable or in accordance with the requirements of the Contract Documents.

C. Remove temporary control when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required.

END OF SECTION

Product Requirements 01 60 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 60 00 PRODUCT REQUIREMENTS

PART 1 - GENERAL

1.01 SUMMARY

A. Provide products for this Project that comply with the requirements of this Section. Specific requirements of the detailed equipment specifications govern in the case of a conflict with the requirements of this Section.

B. Comply with applicable specifications and standards.

1.02 DOCUMENTATION

Provide documents in accordance with the Contract Documents.


A. Design Criteria:

1. Provide products designed for structural stability and operational capability.

2. Provide members designed to withstand all loads imposed by installation, erection, and operation of the product without deformation, failure, or adversely affecting the operational requirements of the product. Size and strength of materials for structural members are specified as minimums only.

3. Design mechanical and electrical components for all loads, currents, stresses, and wear imposed by startup and normal operations of the equipment without deformation, failure, or adversely affecting the operation of the unit. Mechanical and electrical components specified for equipment are specified as the minimum acceptable for the equipment.

B. Coordination:

1. Provide coordination of the entire Project, including verification that structures, piping, and equipment components to be furnished and installed for this Project are compatible.

2. Determine that the equipment furnished for this Project is compatible with the requirements of the Contract Documents and with the equipment and materials furnished by others.

3. Provide electrical components for equipment that comply with all provisions of the Contract Documents.

4. Apply protective coatings and paints to equipment in the shop that are fully compatible with the final coatings to be field applied in accordance with the Contract Documents.

C. Adapting Substitute Products:

1. The Drawings and Specifications are prepared for the specified products. Make modifications to incorporate the products into the Project if a substitution is requested


for a product is and approved in accordance with Section 01 26 00 “Change Management.”

2. Do not provide a product with a physical size that exceeds the available space. Consideration may be given to the acceptance of these products or equipment if the Contractor assumes all costs necessary to incorporate the item and the OPT approves such revisions.

3. Coordinate electrical requirements for the products to be installed in the Project, including revisions in electrical equipment components wiring and other elements necessary to incorporate the component.

1.04 STANDARDS

A. The applicable industry standards referenced in the Specifications apply as if written here in their entirety.

B. Provide equipment manufactured using structural and miscellaneous fabricated steel conforming to the standards of the American Institute of Steel Construction, except where indicated otherwise.


A. Normal warranty provisions are as stated in the General Conditions.

B. Correct Defective Work under the provisions of the General Conditions.

C. Provide warranties and guarantees for periods as defined in the Contract Documents. Individual Sections of the Specifications may have more stringent warranty requirements than stated in the General Conditions. The most stringent warranty will apply in the event of conflicts within the Contract Documents.

D. The Contract Documents may require special warranties that guarantee performance at a specified capacity, power consumption, efficiency, or other operating parameter. Correct defects that prevent products from meeting the specified performance parameters. The requirements of the special warranty that guarantee performance will be satisfied when the specified performance parameters have been met for a period of 1 calendar year of operation, unless Owner elects to accept Defective Work under the provisions of the General Conditions.

E. The Contract Documents may require special warranties for periods extending beyond the one-year correction period specified in the General Conditions. The full warranty provisions and requirements for correction of Defective Work stated in the General Conditions apply throughout the extended warranty period.

F. Provide a warranty bond to provide the same protection as the Contractor's performance bond for extended special warranties. The warranty bond will become effective on the day the performance bond expires which is 1 year after the date of final payment per the General Conditions. The warranty bond will remain in effect until the extended warranty period has expired.

G. In the event that products are repaired, modified, or replaced under the warranty bond, then the warranty period will continue on the date of completion of these repairs for a period of 6 months or until the end of the original warranty period, whichever is later. In no


event will the warranty period extend more than 6 months beyond the end of the original warranty period.

PART 2 - PRODUCTS

2.01 MATERIALS

A. Provide products according to normally accepted engineering and shop practices, except where a higher standard of quality is required by the Contract Documents.

B. Manufacture like parts of duplicate units to standard sizes and gages that are interchangeable.

C. Two or more items of the same kind are to be identical and made by the same Supplier.

D. Provide products suitable for the intended service.

E. Adhere to the equipment capacities, sizes, and dimensions indicated in the Contract Documents.

F. Do not use products for any purpose other than that for which they were designed.

G. Provide new products. Do not provide equipment that has been in service at any time prior to delivery except for testing in accordance with the Contract Documents.

H. Provide materials suitable for service conditions.

I. Provide iron castings that are tough, close grained gray iron free from blowholes, flaws, or excessive shrinkage and that conform to ASTM A48.

J. Design structural members for shock or vibratory loads.

K. Provide steel that is at least 1/4 inch thick for all elements that will be submerged or subject to splashing all or part of the time during normal operation of the equipment. Chamfer or grind all edges to eliminate sharp exposed edges.

2.02 EQUIPMENT APPURTENANCES

Provide a safety guard covering all sides on belt or chain drives, fan blades, couplings, and other moving or rotating parts:

A. Fabricate safety guards from 16 US gauge or heavier galvanized or aluminum clad sheet steel or 1/2-inch mesh galvanized expanded metal;

B. Design guards for easy installation and removal;

C. Provide galvanized supports and accessories for each guard;

D. Provide stainless steel bolts and hardware; and

E. Provide safety guards designed to prevent the entrance of rain and dripping water in outdoor locations.

2.03 ANCHOR BOLTS

A. Provide suitable anchor bolts for each product.


B. Provide anchor bolts with templates or setting drawings in time to permit casting the anchor bolts in the concrete when concrete is placed.

C. Provide two nuts for each bolt.

D. Provide anchor bolts for products mounted on baseplates that are long enough to permit 1-1/2 inches of grout beneath the baseplate and to provide adequate anchorage into structural concrete. Bolts must be long enough to provide full nut engagement and leave three threads exposed. Housekeeping pads are not structural concrete.

E. Provide stainless steel anchor bolts, nuts, and washers.

2.04 SPECIAL TOOLS AND ACCESSORIES

Furnish tools, instruments, lifting and handling devices, and accessories necessary for proper maintenance and adjustment that are available only from the manufacturer or are not commonly available.

2.05 EQUIPMENT IDENTIFICATION PLAQUES

Provide a plaque for each piece of equipment in accordance with Section 40 05 53 “Identification for Process Piping and Equipment.”

2.06 LUBRICATION SYSTEMS FOR EQUIPMENT

A. Provide equipment lubricated by systems which:

1. Require attention no more frequently than weekly during continuous operation.

2. Do not require attention during startup or shut down.

3. Do not waste lubricants.

B. Provide lubricants to fill lubricant reservoirs and to replace lubricant consumed during testing, startup, and operation prior to acceptance of equipment by the Owner.

PART 3 - EXECUTION

3.01 INSTALLATION

Install equipment including equipment pre-selected or furnished by the Owner. Assume responsibility for proper installation, startup, and making the necessary adjustments so that the equipment is placed in proper operating condition per Section 01 75 00 “Starting and Adjusting.”

3.02 LUBRICATION

Lubricate all products provided or installed for this Project, including products furnished by the Owner, per the manufacturer’s written recommendations until the product is accepted by the Owner.

END OF SECTION

Execution and Closeout Requirements 01 70 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS

PART 1 - GENERAL

1.01 SUMMARY

Comply with requirements of the General Conditions and specified administrative procedures in closing out the Contract.

1.02 DOCUMENTATION

Submit affidavits and releases on forms provided by the Construction Manager through the PMIS.

1.03 SUBSTANTIAL COMPLETION

A. The following requirements must be met for the Project or a designated portion of the Work to be Substantially Complete per the General Conditions:

1. Work must be fully functional and able to operate in accordance with the Contract Documents without special or extraordinary efforts on the part of the Owner.

2. Performance Acceptance Testing (PAT) must be complete and indicated compliance with the requirements of the Contract Documents.

3. Operation and maintenance manuals must be approved and operator training conducted to allow the Owner to assume responsibility for operations.

B. Conduct inspections with superintendent, Subcontractors, and Suppliers for the Work or a designated portion of the Work prior to calling for a Substantial Completion inspection by the OPT. Create a list of deficiencies in the Work that must be completed for the Project to qualify for Substantial Completion. Review the list with the Construction Manager or the designated member of the OPT. The Construction Manager or the designated member of the OPT may assist the Contractor with this effort; however, it is the Contractor’s responsibility to create and manage this list of deficiencies until corrections are made.

C. Correct the identified deficiencies prior to calling for a Substantial Completion inspection.

D. Notify the Construction Manager that the Work or a designated portion of the Work is Substantially Complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered for Final Completion.

E. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project.

F. Construction Manager will notify the Contractor that the Work is either Substantially Complete or that additional Work must be performed before the Project will be considered Substantially Complete.

1. Construction Manager will notify the Contractor of items that must be completed before the Project will be considered Substantially Complete.

2. Correct the noted deficiencies in the Work.


3. Notify the Construction Manager when the items of Work in the Construction Manager’s notice have been completed.

4. OPT will revisit the Site and repeat the process.

5. Construction Manager will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be Substantially Complete. The certificate will include a tentative list of items to be corrected before Final Payment will be recommended.

6. Review the list and notify the Construction Manager of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion.

1.04 TRANSFER OF UTILITIES

A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued.

B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work.

1.05 CLOSEOUT REQUIREMENTS

A. Provide the following before Final Completion:

1. Record Documents per Section 01 31 13 “Project Coordination”;

2. Keys and keying schedule;

3. Warranties, bonds, and service agreements;

4. Equipment Installation Reports;

5. Shop Drawings, Product Data, operation and maintenance manuals, and other documentation required by the Contract Documents;

6. Specified spare parts and special tools;

7. Certificates of occupancy, operating certificates, or other similar releases required to allow the Owner unrestricted use of the Work and access to services and utilities;

8. Evidence of continuing insurance and bond coverage as required by the Contract Documents; and

9. Final videos and photographs per Section 01 33 06 “Graphic Documentation.”

1.06 WARRANTIES, BONDS, AND SERVICES AGREEMENTS

A. Provide warranties, bonds, and service agreements required by Section 01 33 00 “Document Management” or by the individual Sections of the Specifications.

B. The date for the start of warranties, bonds, and service agreements is established per the General Conditions.

C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents.

1. Each document is to be signed by the respective Supplier or Subcontractor.


2. Each document is to include:

a. The product or Work item description;

b. The firm name, with the name of the principal, address, and telephone number;

c. Scope of warranty, bond, or services agreement;

d. Date, duration, and expiration date for each warranty bond and service agreement;

e. Procedures to be followed in the event of a failure; and

f. Specific instances that might invalidate the warranty or bond.

D. Submit digital copies of the documents to the Construction Manager for review.

E. Submit warranties, bonds, and services agreements within 10 days after equipment or components placed in service.

1.07 FINAL COMPLETION

A. Conduct inspections with Superintendent, Subcontractors, and Suppliers prior to calling for a Final Completion inspection by the OPT. Create a list of deficiencies in the Work that must be completed for the Project to qualify for the Final Completion inspection. Review the list with the Construction Manager or the designated member of the OPT. The Construction Manager or the designated member of the OPT may assist the Contractor with this effort; however, it is the Contractor’s responsibility to create and manage this list of deficiencies until corrections are made.

B. Identify, list, and correct deficiencies prior to calling for a Final Completion inspection. The Project at the call for Final Completion represents the Contractor’s interpretation of a project completed in conformance with the Contract Documents and reflects the Contractor’s representation of a quality project meeting the Owner’s expectations.

C. Notify the Construction Manager when:

1. Work has been completed and complies with the Contract Documents;

2. Equipment and systems have been tested per the Contract Documents and are fully operational;

3. Final operation and maintenance manuals have been provided to the Owner and all operator training has been completed;

4. Specified spare parts and special tools have been provided;

5. Work is complete and ready for final inspection;

6. Final documentation for all outstanding Modifications and Claims (other than those listed on the Certificate of Final Completion) have been processed and are ready for incorporation into the final Application for Payment; and

7. Closeout requirements in Paragraph 1.05 have been completed.

D. OPT will visit the Site to determine if the Project is complete and ready for final payment within a reasonable time after the notice is received.


E. Construction Manager will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective.

F. Take immediate steps to correct Defective Work. Notify the Construction Manager when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Construction Manager will issue a Certificate of Final Completion to the Contractor when the Project is complete or will notify the Contractor that Work is Defective.

G. Submit the request for final payment with closeout documentation described in Paragraph 1.06 if notified that the Project is complete and the Work is acceptable.

1.08 REINSPECTION FEES

Owner may impose a set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required.



END OF SECTION

Final Cleaning 01 74 23 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 74 23 FINAL CLEANING

PART 1 - GENERAL

1.01 SUMMARY

Perform a thorough cleaning of the Site, buildings, or other structures prior to Owner occupancy of the buildings, and prior to Final Completion. Leave the Project clean and ready for occupancy.

1.02 DOCUMENTATION

Provide data for maintenance per Section 01 33 04 “Operation and Maintenance Data.”

1.03 QUALITY CONTROL

Use experienced workmen or professional cleaners for final cleaning.

PART 2 - PRODUCTS

2.01 MATERIALS

A. Furnish the labor and products needed for cleaning and finishing as recommended by the manufacturer of the surface material being cleaned.

B. Use cleaning products only on the surfaces recommended by the Supplier.

C. Use only those cleaning products which will not create hazards to health or property and which will not damage surfaces.

PART 3 - EXECUTION

3.01 FINAL CLEANING

A. Thoroughly clean the entire Site and make ready for occupancy.

1. Remove construction debris, boxes, and trash from the Site.

2. Remove construction storage sheds and field offices.

3. Restore grade to match surrounding condition and remove excess dirt.

4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance.

B. Inspect exterior painted surfaces. Spot paint any damaged surfaces.

C. Remove paint overspray. Provide a blemish free appearance on all exposed equipment and conduits.

END OF SECTION

Starting and Adjusting 01 75 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

01 75 00 STARTING AND ADJUSTING

PART 1 - GENERAL

1.01 SUMMARY

A. Provide step-by-step procedures for starting provided systems, including equipment, pumps, and processes.

B. Provide pre-startup inspections by equipment manufacturers.

C. Place each system in service and operate the system to prove performance and to provide for initial correction of defects in workmanship, calibration, and operation.

D. Provide for initial maintenance and operation.

E. Include costs for starting and adjusting provided by manufacturer’s representative in the Cost of Work for the equipment package.

F. Owner will provide chemicals, if any, required for continued operations.

1.02 STANDARDS

Comply with the specified standards associated with the testing or startup of equipment.

1.03 DOCUMENTATION

Provide the following documents in accordance with Section 01 33 00 “Document Management”:

A. A Plan of Action for testing, checking, and starting equipment as Product Data per Section 01 31 13 “Project Coordination.”

B. Equipment Installation Reports on the form provided by the Construction Manager certifying that the equipment and related appurtenances have been thoroughly examined and approved for startup and operation.

C. Operation and maintenance manuals per Section 01 33 04 “Operation and Maintenance Data.”

1.04 SPECIAL JOB CONDITIONS

A. Do not start or test any equipment until the complete unit has been installed and thoroughly checked.

B. Provide the services of a qualified representative of the manufacturer to attend the tests and startup procedures as required by this Section.

C. Do not start or test any equipment until the preliminary operation and maintenance manual per Section 01 33 04 “Operation and Maintenance Data” has been approved.


PART 2 - PRODUCTS

2.01 TESTING INSTRUMENTATION

Provide new instrumentation and testing devices needed to conduct tests for maintenance and operation as recommended in the operation and maintenance manuals. This equipment is to become the property of the Owner and transferred in good working order as a spare part at Substantial Completion.

PART 3 - EXECUTION

3.01 SERVICES OF MANUFACTURER’S REPRESENTATIVES

A. Provide the services of experienced and technically competent representatives of the manufacturer for inspections, tests, supervision of installation, training, and assistance with placing equipment in operation.

B. Perform installation, adjustment, and testing of the equipment under the direct supervision of the manufacturer’s representative where specified. Certify that the equipment and related appurtenances have been thoroughly examined and approved for startup and operation in the Equipment Installation Reports.

C. Provide on-site services as necessary for proper and trouble free operation of the equipment.

3.02 INSPECTION AND STARTUP

Inspect equipment prior to placing any equipment or system into operation. Make adjustments as necessary for proper operation. Do not start or test any apparatus until the complete unit has been installed and thoroughly checked.

A. Check for adequate and proper lubrication.

B. Determine that parts or components are free from undue stress from structural members, piping, or anchorage.

C. Adjust equipment for proper balance and operations.

D. Determine that vibrations are within acceptable limits.

E. Determine that equipment operates properly under full load conditions.

F. Determine that the equipment is in true alignment.

G. Ensure that the proper procedure is employed in startup of systems.

3.03 STARTING REQUIREMENTS

Refer to the individual Specification Sections for specific startup procedures or other requirements.


3.04 INITIAL OPERATION

A. Start, test, and place equipment and systems into operation for 30 days to allow the OPT to observe the operation and overall performance of the equipment and to determine that controls function as intended.

B. Operate equipment which is used on a limited or part-time basis in the presence of the OPT for a period long enough to demonstrate that controls function as specified.

C. Perform acceptance test as specified in individual Specification Sections. Demonstrate that equipment and systems meet the specified performance criteria.

D. Equipment and systems may be considered as substantially complete at the end of this initial operation period if the equipment is placed in continuous beneficial use by the Owner, unless specifically stated otherwise in the individual equipment Specifications.

3.05 INITIAL MAINTENANCE

A. Maintain equipment in accordance with the operation and maintenance manuals until Project is substantially complete and provisions have been made by the Owner for accepting responsibility for equipment operation in accordance with the General Conditions.

B. Service equipment in accordance with the operation and maintenance manuals immediately before releasing the equipment to the Owner.

END OF SECTION

Temporary Bypass Pumping 02 96 00 - 1BUA19270 – Meadows at Buda Lift Station Improvements

02 96 00 TEMPORARY BYPASS PUMPING

1.00 GENERAL

1.01 WORK INCLUDED

Furnish labor, materials, equipment and incidentals necessary to implement a temporary bypass pumping system for the purpose of diverting existing sewer flows around the work area regardless of number of locations, set-ups, length and duration, and shall be for the duration of the Project.


A. Contractor shall demonstrate that the temporary bypass pumping system is in good working order and is sufficiently sized to successfully handle all sanitary sewer flows by performing a test run for a period of 24 hours prior to beginning Work.

B. Contractor shall be required to have all materials, equipment and labor necessary to complete the repair and/or replacement on the Site prior to isolating the sewer manhole or line segment and beginning flow diversion or pumping operations.

C. Contractor shall provide both a strobe light type, high level alarm, as well as alarm notification to their cell phones, as well as other appointed personnel to be identified by the Owner and ensure adequate alarm notification is attained prior to actual startup of the test period.

D. During active operations, Contractor shall have personnel on the Site 24/7. If multiple locations are active within a project site, Contractor must maintain a ratio of 2 to 1, active bypass pumping areas to personnel. If the two sites are more than 500 feet away from each other or the high-level strobe alarm cannot be seen from each location, then the Contractor will need dedicated personnel at every site.

E. Contractor shall coordinate all activities through Engineer and Owner.

F. It is anticipated that bypass pumping will be required during specific rehabilitation tasks.

1.03 SUBMITTALS

A. Make submittals required by this Section under the provisions of Section 01 33 00 “Document Management.”

B. Manufacturer’s product data, instructions, recommendations, Shop Drawings, and necessary certifications in order for the proposed Temporary Bypass Pumping Plan to be reviewed. The plan shall include, but not be limited to, the following:

1. Staging areas for pumps.

2. Sewer plugging method and types of plugs.

3. Number, size, material, location and method of installation of suction piping.

4. Number, size, material, location and method of installation of discharge piping.

5. Bypass pump sizes, capacity, number of each size to be on site, including spare pump, and power requirements.


6. Calculations of static lift, friction losses, and flow velocity (pump curves showing pump operating range shall be submitted based on bypass pumping schedule at the end of this Section).

7. Standby power generator size and location.

8. Downstream discharge plan.

9. Calculations for selection of bypass pumping pump size.

10. Method of noise control for each pump and/or generator if required.

11. Method of protecting discharge manholes or structures from erosion and damage.

12. Schedule for installation and maintenance of bypass pumping lines.

2.00 PRODUCTS

2.01 MATERIALS

A. Contractor shall provide all necessary pumping equipment, piping and all other necessary appurtenances in order to maintain adequate and reliable sanitary sewer flow in the sewer system (excluding manholes) at all times during construction. All materials, equipment, etc., must be in good condition and should not have visible damage such as cracks, holes, foreign material, blisters, etc.

B. High-Density Polyethylene (HDPE) is the preferred pipe material for all bypass piping. HDPE must be used when bypass discharge piping will be going through streams, storm water culverts, and/or environmentally sensitive areas.

1. HDPE pipe must be assembled and joined using couplings, flanges or fusion welding in order to avoid joint leakage.

2. HDPE fusion welding must be performed by personnel certified as fusion technician(s) by the manufacturer of HDPE pipe and/or fusing equipment.

3. The bypass pumping plan shall indicate the proposed DR of the pipe to be used.

C. Pipe material other than HDPE shall be submitted to the Engineer for approval. Neither “irrigation type” pipe nor glued PVC pipe will be permitted.

D. Plugs must be selected and installed according to the size of the line to be plugged. An additional plug must be on-site and ready to be installed in the event a plug fails or becomes dislodged. Plug(s) will be reviewed by the inspector and/or Engineer for defects that might lead to failure prior to being installed. It is also imperative that the Contractor notify the inspector at the completion of the Work in order to verify that all plugs have been removed from the system.

E. Pumps must be fully automatic self-priming units that do not require the use of foot-valves or vacuum pumps to prime the system. Pumps may be electric or diesel powered. The primary pump must be a grinder or chopper pump, in order to reduce the potential for debris to complicate the safe operation of the pumps.

F. Contractor shall have one backup pump, equal in capacity to the largest pump in the system, connected to the temporary bypass pumping system and ready for operation in case any of


the primary pumps fail. The backup pump shall not be used in Contractor’s calculations for determining the pumping capacity requirements for the stated flow conditions.

G. Sound-attenuated pump enclosures shall be required on all projects where the bypass pumps are located within 100 feet of any residence, business, park, or other presence of people.

3.00 EXECUTION

3.01 PREPARATION

A. Obtain the Engineer’s approval of location of bypass pipelines, staging areas and pump locations prior to installation.

B. Obtain approvals for placement within public or private property.

3.02 CONSTRUCTION, INSTALLATION, AND REMOVAL

A. During construction, it will be the Contractor’s responsibility to maintain a safe and secure environment at all times. All provisions and/or requirements of the temporary bypass pumping plan must be followed throughout the course of any bypass flow operations. Contractor must notify the Owner 72 hours prior to commencing the bypass pumping operations.

B. Contractor shall provide continuous supply on-site fuel storage sufficient for 24-hour operation of the bypass pumping installation.

C. Contractor shall protect all components of the bypass operations from vandalism and vehicular damage by making the site secure.

D. Contractor shall minimize sewer odors by using lids, shroud covers, or any method approved by the Inspector or Engineer.

E. Contractor shall be solely responsible for any and all damages to private and/or public property caused by or during the installation, operation, and/or removal of the bypass pumping system.

F. All piping, joints and accessories shall be designed to withstand at least twice the maximum system pressure, or a minimum of 50 psi, whichever is greater.

G. During flow diversion and/or pumping, no sewage shall be leaked, dumped, or spilled in or onto, any area outside of the existing sanitary sewer system.

H. When flow diversion and/or pumping operations are complete, all pumping shall be drained into the sanitary sewer prior to disassembly and all flow management components shall be removed.

3.03 BYPASS PUMPING SCHEDULE

A. Flows shown below are based on modeled flows.

B. It is the Contractors responsibility to verify the flows with the City prior to development of bypass pumping plan.


Sanitary Sewer Manhole / Location Average Dry Weather(MGD or GPM)

Peak Wet Weather(MGD or GPM)

Meadows at Buda Lift Station Unknown 660 GPM

END OF SECTION

High-Performance Coatings 09 96 00.01 - 1BUA19270 – Meadows at Buda Lift Station Improvements

09 96 00.01 HIGH-PERFORMANCE COATINGS

1.00 GENERAL

1.01 WORK INCLUDED

A. Furnish labor, materials, equipment and incidentals necessary to apply protective coatings to material and equipment as specified herein, including the preparation of surfaces prior to application of coatings.

B. Protective coatings must be applied to the following surfaces:

1. New and existing piping and valves in the lift station valve vault and within the wet well.

C. The following shall not be coated and shall be protected from drips, overspray, etc. unless indicated otherwise

1. Stainless steel piping, materials and equipment

2. Galvanized steel piping, materials and equipment unless specifically indicated to be coated.

3. Aluminum materials and equipment

4. Interior electrical items

D. Special applications for painting include the following:

Buried pipe and valves shall receive a shop applied protective coating as described in the appropriate Section of the Specifications.

E. Special applications for painting include the following:

Buried pipe and valves shall receive a shop applied protective coating as described in the appropriate Section of the Specifications.

F. Contain, treat, and dispose of any dust, spray, drainage, or spillage resulting from coating operations. It shall be the Contractor’s responsibility to determine if the materials to be disposed of are classified as Hazardous Waste. Disposed of waste, hazardous or otherwise, shall be in accordance with applicable regulations. The Contractor shall be aware of and understand the regulations concerning disposal of waste generated by coating operations.


A. Acceptable Manufacturers: Products which comply with the Contract Documents and are manufactured by the following companies will be acceptable:

1. Tnemec Company, Inc.

2. Carboline.

3. PPG Protective & Marine Coatings.

4. The Sherwin-Williams Company.

5. Akzo Nobel / International Paint, LLC.

6. ICI Devoe High Performance Coatings.


7. Plasite Protective Coatings.

B. It is desired that the paint products be furnished by as few manufacturers as possible to meet the requirements of the Specifications. Coating products of the same type shall be supplied by the same manufacturer. Do not mix products from different sources.

C. Applicator’s Qualifications: Applicators must be qualified in this line of work and have a minimum of 5 years of experience in the application of the protective coatings of the types specified herein. Submit a list of recent projects and names of references for those projects.

D. Product Quality:

1. Use only the coatings specified in this Section. Use only those thinners and solvents recommended by the manufacturer, only in the amounts necessary to produce the manufacturer’s recommended spreading rate, and in amounts not exceeding the maximum quantities stated in the manufacturer’s literature.

2. The coating material shall not show excessive settling in a freshly opened full can and shall be easily re-dispersed with a paddle to a smooth, homogeneous state. It shall show no curdling, livering, caking, or color separation and shall be free of lumps or skim surfaces.

E. Inspection:

1. Inspect and provide substrate surfaces prepared in accordance with the Contract Documents and the printed directions and recommendations of paint manufacturer whose product is to be applied.

2. Provide Engineer minimum 3 days’ notice prior to start of surface preparation work or coating application work.

3. Perform Work only in the presence of Engineer, unless Engineer grants prior approval to perform such Work in Engineer’s absence. Approval to perform Work in the Engineer’s absence is limited to the current day unless specifically noted to extend beyond the completion of the work day.

4. Inspection by the Engineer, or the waiver of inspection of any particular portion of the Work, shall not be construed to relieve the Contractor of responsibility to perform the Work in accordance with the Contract Documents.

5. The Contractor shall be solely responsible for testing for this Section, at no further cost to the Owner. The Engineer shall also make such tests if it is considered necessary. Cooperate with the Engineer, providing equipment, scaffolds, and other equipment as requested by the Engineer.

F. Testing Equipment: Furnish the testing apparatus necessary for testing coatings, including the following:

1. One set of U.S. Department of Commerce thickness calibration plates, certified by the National Bureau of Standards, to test dry film thickness.

2. Wet-film thickness gauges. Give one to Owner’s representative. Each painter must keep one to test paint as it is applied.

3. One electronic dry-film thickness gauge capable or measuring 0-200 mils with calibration standards approved by the Bureau of Standards.


4. One Elcometer 319 Dewpoint Meter.

5. One Tinker and Rasor Model M 1 Holiday Detector and recommended wetting agent and/or High Voltage Holiday Detector if required for interior coating thickness specified.

6. One set of SSPC VIS 1, 3 and 4 - Visual Standards as applicable.

G. Testing Reports: Submit an inspection report for each coating applied on the Project. The testing report shall be completed on a form furnished by the Engineer and shall bear the signature of the Contractor and the Owner’s representative.

H. The Contractor must schedule a construction conference prior to any field work being completed. The meeting will be on-site and will include the Owner, Contractor, painting superintendent, Engineer, Owner’s representative and coating manufacturer’s representative. At this meeting the coating plan and schedule will be reviewed in detail.

1.03 SUBMITTALS

A. Submittals must be in accordance with Section 01 33 00 “Document Management.”

B. The following Product Data for products, including manufacturer’s data sheets, are due prior to ordering coating and surface preparation materials:

1. Coating manufacturer’s color selection literature for coating materials and caulk.

2. Sample warranty document for products.

3. Provide certification from the manufacturer that all coatings will not contain more than 0.06 percent by weight of lead in the cured coating for each coat applied.

4. Coating manufacturer’s Product Information and Safety Data Sheets (SDS) for each coating and caulk material. Product Information must include the following:

a. The manufacturer’s published instructions for use in specifying and applying all proposed coatings.

b. Application instructions written and published by the coating manufacturer.

c. All limitations, precautions and requirements that may adversely affect the coating, that may cause unsatisfactory results after the application or that may cause the coating not to serve the purpose for which it was intended, must be clearly and completely stated in the instructions. Limitations and requirements must include, but are not necessarily limited to the following:

1). Surface preparation.

2). Method(s) of application.

3). Thickness of each coat (maximum and minimum DFT).

4). Drying and curing time of each coat.

5). Time (minimum and maximum) allowed between coats.

6). Thinner and use of thinner.

7). Proper mixing of coating before application.


8). Weather limitations during and after application (temperature and humidity, time weighted).

9). Physical properties of coating, including percent solids content by volume.

10).Equipment settings (air cap, fluid tip, equipment pressure settings, etc.).

11).Pot life at various temperature and humidity conditions.

12).Provide documentation that interior coating system is compatible with the cathodic protection system.

C. The following samples are required prior to ordering the materials:

1. Three samples of selected exterior finish colors for approval on 6-inch by 6-inch swatches. Label each swatch with the manufacturer’s name, coating name/type, color name and number.

D. The following Product Data is required prior to coating work:

1. Coating Plan:

a. Anticipated coating process schedule by date, including dates when hold-point inspections are anticipated. Schedule must indicate detailed activities on a daily basis.

b. Detailed procedures and schedule for all pre-cleaning, surface preparation and application of coating, including touch-up and repair procedures for all coating systems.

c. Recoat schedule on the submitted coating materials.

d. Data sheets complete with a graduated scale or curve, produced by the coating manufacturer, with curing characteristics and recommendations regarding complete coating curing. The data sheets and scales or curves must include specific cure times over a wide range of temperatures and humidity.

e. Provide a written plan documenting how spent cleaning debris and/or paint over spray or droplets will be contained/confined to the Site and tank site during the surface preparation and coating application operations. Reasonable care must be exercised by the Contractor to prevent damage, nuisance, or hazardous conditions to adjacent or nearby property Owners. Include all materials and method to be used for protection of exterior surfaces, and allow for recovery and disposal of paint scraps and blast media.

2. Provide documentation on proposed containment system methods for blasting and coating operations.

3. The Contractor must submit evidence of notification of the appropriate office of the Texas Commission on Environmental Quality (TCEQ) prior to abrasive blasting as required. Submit copies of any obtained permits.

4. Coating Manifest - Within 48 hours of coating delivery to the Site, the Contractor must record the batch number stamped on each coating container and submit a typed list to the Owner’s representative. Minimum information required is listed below.

a. Date of delivery to the Site.


b. Name and signature of Superintendent recording the data.

c. List of batch number including corresponding coating identification, color, date of manufacture and volume of each container.

E. The following Certified Test Report(s) are required prior to coating work:

1. SDS sheets for all abrasive to be used on the Project.

2. Certification and laboratory test results indicating recycled metallic abrasive per SSPC-AB 2 or 4 and atomic absorption test results.

1.04 STANDARDS

A. The applicable provisions of the following standards shall apply as if written here in their entirety. Adhere to the latest standards and codes published by the following organizations.

B. In the event of a conflict between the published standards, codes, and this Section, the more stringent requirement shall govern.

1. ANSI (American National Standards Institute):

ANSI/NSF Standard 61 Drinking Water Components

2. ASTM International (American Society for Testing and Materials):

ASTM D523 Standard Test Method for Specular Gloss

ASTM D610 Standard Test Method for Evaluating Degree of Rusted on Painted Surfaces

ASTM D2244 Standard Practice for Calculation of Color Tolerances and Color Differences from Instrumentally Measured Color Coordinates

ASTM D3359 Standard Test Methods for Rating Adhesion by Tape Test

ASTM D4214 Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films

ASTM D4263 Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method

ASTM D4285 Standard Test Method of Indicating Oil and Water in Compressed Air

ASTM D4541 Standard Method for Pull-Off Strength of Coatings Testing Adhesion of Applied Coating Using Portable Adhesion Tester

ASTM D6386 Standard Practice for Preparation of Zinc (Hot-Dip Galvanized) Coated Iron and Steel Product and Hardware Surfaces for Painting

ASTM E337 Standard Practice Test Method for Measuring Humidity with a Psychrometer

ASTM F1869 Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride

3. AWWA (American Water Works Association):

AWWA C210 Liquid-Epoxy Coating Systems for Interior and Exterior of Steel Water Pipelines

AWWA C222 Polyurethane Coatings for the Interior and Exterior of Steel Water Pipe and Fittings


4. Consumer Product Safety Act, Part 1303.

5. International Concrete Repair Institute (ICRI):

ICRI Technical Guideline No. 03732

Selecting and Specifying Concrete Surface Preparation for Coatings, Sealers and Polymer Overlays

6. NACE International (National Association of Corrosion Engineers):

NACE TPC2 Coating and Lining for Immersion Service: Chapter Safety, Chapter 2 Surface Preparation, Chapter 3 Curing, and Chapter 4 Inspection

NACE SP0178Fabrication Details, Surface Finish Requirements, and Proper Design Considerations for Tanks and Vessels to be Lined for Immersion Service

NACE SP0188 Discontinuity (Holiday) Testing of Protective Coatings on Conductive Substrates

NACE RP0178 Plastic Weld Comparator

NACE RP0287 Field Measurement of Surface Profile of Abrasive Blast Cleaned Steel Surfaces Using a Replica Tape

7. National Association of Pipe Fabricators (NAPF):

NAPF 500-03Surface Preparation Standard for Ductile Iron Pipe and Fittings in Exposed Locations Receiving Special External Coatings and/or Special Internal Linings

8. OSHA (Occupational Safety & Health Administration):

1915.35 Standards - 29 CFR Painting

1926.62 Standards - 29 CFR Lead

9. SSPC (Society for Protective Coatings):

SSPC-VIS 1 Guide and Reference Photographs for Steel Surfaces Prepared by Dry Abrasive Blast Cleaning

SSPC-VIS 3 Guide and Reference Photographs for Steel Surfaces Prepared by Power and Hand Tool Cleaning

SSPC Vol. 1 Good Painting Practices

SSPC-AB1 Mineral and Slag Abrasives

SSPC-AB2 Cleanliness of Recycled Ferrous Metallic Abrasives

SSPC-AB3 Ferrous Metallic Abrasives

SSPC-AB4 Recyclable Encapsulated Abrasive Media in a Compressible Matrix

SSPC-SP1 Solvent Cleaning

SSPC-SP2 Hand Tool Cleaning

SSPC-SP3 Power Tool Cleaning

SSPC-SP11 Power Tool Cleaning to Bare Metal

SSPC-PA-1 Shop, Field and Maintenance Painting


SSPC-PA-2 Measurement of Dry Film Thickness with Magnetic Gages

SSPC-PA-3 Guide to Safety in Paint ApplicationSSPC-Guide 6 (CON)

Guide for Containing Surface Preparation Debris Generated During Paint Removal Operations

SSPC-Guide 12 Guide for Illumination of Industrial Painting

SSPC-Guide 15 Field Methods for Retrieval and Analysis of Soluble Salts on Steel and Other Nonporous Substrates

10. SSPC/NACE International Joint Standards:

SSPC-SP5/NACE 1 White Metal Blast Cleaning

SSPC-SP6/NACE 3 Commercial Blast Cleaning

SSPC-SP7/NACE 4 Brush - Off Blast Cleaning

SSPC-SP10/NACE 2 Near - White Metal Blast Cleaning

SSPC-SP13/NACE 6 Surface Preparation of Concrete

11. Texas Commission on Environmental Quality (TCEQ):

30 TAC Chapter 290 Subchapter D Rules and Regulations for Public Water Systems


A. Deliver coating products to the Site in original unopened containers, with manufacturer’s label and batch number attached. Do not apply products until the Owner’s field representative has approved the product for use.

B. Use one location at each site for the storage of coating products. Protect the floor from spills and other damage. Protect the products from extreme heat or cold. Keep containers covered. Keep the storage rooms clean of trash and debris. Dispose of oily or used rags daily. Under no circumstances shall they be allowed to accumulate. Take precautions to prevent fires. The storage of flammable liquids shall comply with the City, State, or other fire codes.

C. Storage of coatings and other products must be in accordance with the manufacturer’s requirements. Coatings that have been damage or not stored properly must not be applied and must be removed from the Site.

D. All products and coatings that are not approved for the Project must be removed from the Site and must not be stored at the Site.

E. All materials must be delivered to the Site in original sealed containers with the date of manufacture and batch number stamped thereon by the coating manufacturer. Materials shall be subject to random observations by the Owner’s representative at the Site.

1.06 ENVIRONMENTAL CONDITIONS

A. Do not apply coatings under conditions that are unsuitable for the production of good results. Remove trash and debris from enclosed buildings and thoroughly clean prior to application of coatings. Do not begin application of coatings in areas where other trades are


working, or where construction activities result in airborne dust or other debris. Do not apply coatings in conditions which do not conform to the recommendations of the coatings manufacturer.

B. Coatings shall only be applied when conditions fall within the parameters listed in the manufacturer’s printed data.

C. Contractor shall provide dehumidification equipment sized to maintain dew point temperature 5 F or more below surface temperature of metal surfaces to be cleaned and painted.

D. Do not apply any coatings when weather conditions are unfavorable. In the event that climatic conditions are not conducive for best results, postpone application of coatings until conditions conform to the manufacturer’s recommendations and the provisions of this Section.

E. Do not apply coatings to a wet or damp surface in wet or damp weather conditions, or when there is dust in the air. Surfaces exposed to direct sunlight must be shaded by awnings or other protective devices while coatings are being applied, if recommended by coating manufacturer. When necessary, provide temporary heating devices of a type that produces no fumes which will discolor the paint system.

F. Heating and Dehumidification:

1. Dehumidification equipment must be used to control the environment during surface preparation, rehabilitation, coating application and coating curing at no additional cost to the Owner, if acceptable environmental conditions cannot be met.

2. If the Contractor cannot meet the required environmental conditions to apply the interior coating system per this Section and the coating manufacturer’s written recommendations, Contractor will cease operations until approved dehumidification equipment has been provided and acceptable environmental conditions are achieved.

3. If coating system is applied without dehumidification or in conditions not acceptable by this Section and by the coating manufacturer’s written requirements, Contractor must fully remove coating system applied and replace per the Engineer’s direction.

4. The Contractor must furnish all labor, materials, equipment, fabrication and quality control inspections, and all other incidentals required to control and maintain the environment of the reservoir within the parameters stated in this Section and must incorporate these and any other expenses into its bid.

5. The Owner reserves the rights, in the event the dehumidification equipment is not performing to the minimum requirements stated in this Section, to require the Contractor to modify and or add additional equipment to satisfy the conditions of this Section, at the sole cost to the Contractor.

6. It is the Contractor’s responsibility to provide adequate dehumidification equipment to meet the requirements of this Section and coating manufacturer’s requirements. The coating manufacturer’s limits of surface temperature, tank inside air temperature and relative humidity requirements will govern, if more stringent than the requirements stated within this Section.


G. Forced Ventilation:

1. Provide continuous forced fresh air ventilation when working inside of containment systems or enclosed areas that are not openly vented from the beginning of surface preparation through final coating operations and coating curing.

2. Forced ventilation must be supplied per the recoat time required by the coating manufacturer and at least 48 hours after the final coat has been applied.

3. From the beginning of interior wet and/or dry coating application and until this coating is cured, the Contractor must monitor the air for the lower explosion limit (LEL) as published in the coating manufacturer’s product SDS’s.

4. Contractor is responsible for supplying, installing and maintaining the forced ventilation system.

H. Containment System:

1. Contractor must provide containment methods, either full or partial, which allows for the containment of the environmentally sensitive waste, dust and paint over spray that will be generated during the abrasive blasting and painting operation.

2. The ground surrounding the project area must be protected from all debris, emissions, dust, and other materials generated in the cleaning operations with a minimum of two layers of polyethylene covered with plywood or the same material used for the perimeter containment system.

3. Containment is not required when blasting on the interior of a completely enclosed area (i.e. roof is in place) as long as no visible emissions are created.

4. The Contractor must ensure that no spent cleaning/blasting debris, dust, overspray, coating droplets, or emissions of any kind, escape to the atmosphere, or to adjacent buildings, private property, work sites, parking lots, etc.

5. The Owner reserves the right to stop Work or require containment, additional containment or different containment methods if the Contractor’s operations create a nuisance beyond the tank site property line in the sole opinion of the Owner, the Engineer, the Owner’s representative, any regulatory agency, or neighbor. All costs of providing an adequate containment system must be included by the Contractor in the Base Bid.

6. The Contractor must be responsible for all materials that are used and for any apparatus used to contain dust emissions, debris, overspray, and coating droplets. The containment system attachments to existing or proposed structures must be designed not to impose excessive loading on the structure by a professional engineer licensed in the state the Project is located. Contractor must submit the designed and sealed details of the containment system on the tank.

7. Any damage to the structure(s) as a direct or indirect result of the containment system must be repaired or sections replaced by the Contractor at no additional cost to the Owner. Neither the Owner nor the Owner’s Engineer assumes any responsibility for the structural ability of the structure to support the containment system.


8. If tarps are used as part of the containment system, the tarps must be an impervious, solid, flame-resistant material, reinforced with a fiber mesh and must allow as much light as possible to pass through the material.

I. Visible Emissions:

1. Contractor must control visible emissions and releases while dust producing activities are underway.

2. Visible emissions more than SSPC Guide 6, Level 1 (1 percent of the workday or 5 minutes in an 8-hour shift) are unacceptable. Sustained emissions of more than 1 minute, regardless of the total time of emissions for the day is unacceptable. If unacceptable emissions are observed, Contractor must shut down immediately and correct the situation and clean up any debris generated from the release to the satisfaction of the Engineer before continuing the Work.

1.07 WORKING CONDITIONS

A. Provide adequate lighting at any location that coatings are being applied or testing is performed. Illumination shall be of sufficient intensity to achieve good results. Provide explosion-proof lighting when required.

B. Temporary ladders and scaffolds shall conform to applicable safety requirements. Erect temporary scaffolds where needed to cover large areas. Provide ladders or scaffolding during testing procedures.

1.08 GUARANTEES

A. Protective coating shall be guaranteed for a period of 1-year from the date of the Owner’s acceptance of the Project.

B. A warranty inspection must be conducted prior to the end of the warranty period. Any Defective Work discovered at this date must be corrected by the Contractor in accordance with the Contract Documents at no additional cost to the Owner.

2.00 PRODUCTS

2.01 GENERAL COATING REQUIREMENTS

A. All coatings must be free of heavy metals such as arsenic, barium, chromium, selenium, silver, lead, mercury and cadmium.

B. All coatings in contact with potable water must be certified by the National Sanitation Foundation (NSF), Standard 61.

C. No coating submitted or used on this Project may have a VOC (volatile organic content) in excess of 360 grams/liter or 3.0 lb./gal.

D. Finish coatings must be from the same batch.


2.02 MATERIALS

A. Materials shall be the manufacturer’s top of line quality products, as listed herein. Products used on this Project shall be as indicated below. Products shall be as follows:

Type A - Alkyd-Phenolic Universal Primer

Manufacturer Approved Coating

Tnemec Series 1 Purple PrimeSherwin-Williams Kem Kromik UniversalAkzo Nobel / International Paint, LLC Interlac 573

Devoe Coatings Devprime 1403

Carboline Carbocoat 150UP

PPG Multiprime 4160

Type B - Epoxy-Polyamide Primer


Tnemec Series 66Sherwin-Williams Copoxy PrimerAkzo Nobel / International Paint, LLC

Intergard 251; Intergard 269 for valves and gates, submerged structural steel and misc. metals, and submerged piping

Devoe Coatings Devran 201V SeriesCarboline 890

PPG Amercoat One Single Component Epoxy for valves and gates, structural steel and misc. metals, and piping

Type C – Alkyd Enamel


Tnemec Series 23 Enduratone

Sherwin-Williams DTM Alkyd EnamelAkzo Nobel / International Paint, LLC Interlac 665

Devoe Coatings Devlac 1431

Carboline Carbocoat 8225

PPG Fast Dry 35

Type D - Epoxy-Polyamide Coatings



Type D - Epoxy-Polyamide Coatings


Tnemec Series 66

Sherwin-Williams Macropoxy 646 Epoxy

Akzo Nobel / International Paint, LLC

Intergurd 475HS; Interseal 670HS for valves and gates, PVC pipe and conduit, submerged structural steel and misc. metals, and submerged piping

Devoe Coatings Bar-Rust 235

Carboline Carboguard 60

PPG Amercoat One for valves and gates, PVC pipe and conduit, structural steel and misc. metals, and piping

Type E - Epoxy-Polyamide Coatings for Potable Water


Tnemec Series N140 Pota-Pox Plus

Sherwin-Williams Tank Clad EpoxyAkzo Nobel / International Paint, LLC Interline 850 or Interseal 670HS (NSF colors)

Devoe Coatings Bar-Rust 233H Series

Carboline Carboguard 61

PPG Amerlock 2/400

Type F - Aliphatic Polyurethane Enamel


Tnemec Series 1074 Endura-Shield II

Sherwin-Williams Hi-Solids PolyurethaneAkzo Nobel / International Paint, LLC Interthane 990 Series

Devoe Coatings Devthane 379 SeriesCarboline Carbothane 133HB (Satin) or Carbothane 134HG (High Gloss)

PPG PSX One Single Component Polysiloxane- No Isocyanates

Type G - Silicone Aluminum Coatings For High Temperature



Type G - Silicone Aluminum Coatings For High Temperature


Tnemec Series 39 Silicon Aluminum

Sherwin-Williams Silver Brite Aluminum B59S8Akzo Nobel / International Paint, LLC Intertherm 50 Series

Devoe Coatings Intertherm 50 Series

PPG Amercoat 878 Aluminum

Carboline Carbozinc 11; Finish: Thermaline 4700 Series (up to 1000⁰F); Thermaline 4900 (up to 450⁰F)

Type H- Epoxy Concrete Coating


Tnemec Series 64H-413 Hi-Build Tneme-Tar

Sherwin-Williams Tar Guard EpoxyAkzo Nobel / International Paint, LLC Interzone 954

Devoe Coatings Devtar 5A Series

PPG Amercoat 78HB Coal Tar Epoxy

Carboline Bitumastic 300M

Type I - Epoxy Concrete Coating – HFS


Tnemec Series 434/435 Perma-Shield SystemAkzo Nobel / International Paint, LLC Ceilcote 380/242GF Flakeline System

PPG Amercoat 100A

Carboline Carboguard 510 Series / Plasite 4500 Series

Type J - Organic Zinc Primer (Minimum 80% Zinc by Weight)


Carboline Carbozinc 859

Sherwin-Williams Corothane I Galvapac

PPG Amercoat 68HSAkzoNobel/International Paint, LLC Interzinc 52

Approved Manufacturer Approved Equal


Type K - High Solids Epoxy Siloxane


Carboline Carboxane 2000

Sherwin-Williams Polysiloxane XLE-80

PPG PSX 700 Polysiloxane

Approved Manufacturer Approved Equal

Type L - Epoxy Mastic


Carboline Carbomastic 15

Sherwin-Williams Epoxy Mastic II

PPG Amerlock 2/400 AL

Tnemec Chembuild Series 135AkzoNobel/International Paint, LLC Interseal 670HS

Type M – Elastomeric Polyurethane Hybrid


Carboline Reactamine 760 Series

Sherwin-Williams Sherflex S

PPG Amerthane 490

Tnemec Elasto-Shield Series 406AkzoNobel/International Paint, LLC Polibrid 705E Elastomeric

Type N – Glass Flake Reinforced Epoxy


Carboline Approved Equal

Sherwin-Williams Sher-Glass FF

PPG SigmaShield 880 GF / Amerlock 880 GF (must be approved by manufacturer for H2S exposure prior to application)

Tnemec Approved EqualAkzoNobel/International Paint, LLC Approved Equal

Type O – Penetrating Epoxy Pre-Primer



Carboline Rustbond Penetrating Sealer

Sherwin-Williams Macropoxy 920 Pre-Prime

PPG Amerlock Sealer

Tnemec Approved EqualAkzoNobel/International Paint, LLC Interbond 600

B. PETROLATUM (WAX) TAPE

Petrolatum (wax) tape shall be installed per the manufacturer’s written recommendations. Provide all primers and appurtenant materials as required for installation per the recommendations.

Approved Manufacturers:

1. Trenton Corp. - Trenton Primer and #1 Wax-tape

2. Denso North America, Inc. – Denso Paste and Densyl Tape

3. Approved Equal

2.03 COLOR SELECTION

A. The color chart shall include the complete available range of colors, including tints and shades. The Owner shall select the colors.

B. Use a multi-color system coating for any surface receiving more than one coat. Each coat shall be tinted differently from the preceding coat in a manner that will allow the various coats to be easily distinguished. Colors shall generally be from light to dark shades, but the Contractor may have the option to select tint shades to insure coats will receive adequate coverage without bleeding or otherwise showing through the preceding coat.

C. Piping and equipment shall be color coded in accordance with the requirements of the TCEQ.

3.00 EXECUTION

3.01 GENERAL

A. All coatings must be applied in strict conformance with the coating manufacturer’s published specifications, this Section, or as approved by the Engineer.

B. Surfaces which will be inaccessible after installation shall be coated prior to installation, or shall be coated and approved in stages as the Work is installed.

C. The Engineer shall approve surfaces for application of coatings at each stage. Any material that is coated prior to the Engineer’s approval shall be stripped back to bear metal and repainted.

D. At least 7 days or as required by the coating manufacturer, must be allowed for drying of finished surfaces before any machinery can be placed into service.


E. The number of coats called for in this Section are considered the minimum required. If more coats are required for complete coverage and uniform appearance they shall be provided at no additional cost to the Owner.

3.02 STEEL SURFACE PREPARATION

A. The adequacy of the preparation of steel surfaces will be determined by comparing the surface with SSPC VIS 1 “Pictorial Surface Preparation Standards for Painting Steel Surfaces” and SSPC VIS 3 “Guide and Reference Photographs for Steel Surfaces Prepared by Power and Hand Tool Cleaning.” Prepare surfaces in accordance with the following requirements:

1. SSPC-SP1 “Solvent Cleaning”

2. SSPC-SP2 “Hand Tool Cleaning”

3. SSPC-SP3 “Power Tool Cleaning”

4. SSPC-SP5 / NACE 1 “White Metal Blast Cleaning”

5. SSPC-SP6 / NACE 3 “Commercial Blast Cleaning”

6. SSPC-SP7 / NACE 4 “Brush-Off Blast Cleaning”

7. SSPC-SP10 / NACE 2 “Near-White Blast Cleaning”

8. SSPC-SP11 “Power Tool Cleaning to Bare Metal”

B. The resulting surface profile must be in accordance with the coating manufacturer’s recommendations.

C. All surface preparation of new equipment and surfaces shall be assumed to be on a SSPC Grade A steel surface condition, unless specifically noted otherwise.

D. “Solvent Cleaning” must be performed prior to subsequent surface preparation, including abrasive blast cleaning.

E. All sharp edges and welds must be ground smooth to a rounded contour and all weld splatter must be removed prior to abrasive blasting. Edges of metal to be coated must be rounded to a minimum of 1/16-inch radius of chamfered a minimum of 1/16 inch at an angle of 45 degrees.

F. Welds and adjacent areas:

1. Prepared such that there is:

a. No undercutting or reverse ridges on the weld bead.

b. No weld spatter on or adjacent to the weld or any other area to be painted.

c. No sharp peaks or ridges along the weld bead.

d. Grind embedded pieces of electrode or wire flush with the adjacent surface of the weld bead.

2. Weld profiles must conform to NACE RP0178, Profile ‘D’.


3.03 DUCTILE IRON PIPE AND FITTINGS SURFACE PREPARATION

A. Prepare surfaces in accordance with the following requirements:

1. NAPF 500-03-01 “Solvent Cleaning”

2. NAPF 500-03-02 “Hand Tool Cleaning”

3. NAPF 500-03-03 “Power Tool Cleaning”

4. NAPF 500-03-04 “Abrasive Blast Cleaning for Ductile Iron Pipe”

5. NAPF 500-03-05 “Abrasive Blast Cleaning for Cast Ductile Iron Fittings”

B. “Solvent Cleaning” must be performed prior to subsequent surface preparation as specified in NAPF 500-03.

3.04 CONCRETE SURFACE PREPARATION

A. The adequacy of the preparation of concrete surfaces will be determined by comparing the surface with ICRI Surface Finish Comparators. Prepare surfaces in accordance with the following requirements:

SSPC-SP13 / NACE 6 – Surface Preparation of Concrete

B. Allow a minimum of 28 days curing time to elapse before coatings are applied. Concrete surfaces which are scheduled to receive coatings must be in accordance with the coating manufacturer’s moisture requirements.

C. Bug holes, air pockets, and other voids in the concrete will be filled or patched in chemical exposure areas, secondary containment, and where specifically required.

D. Concrete Surface Preparation Inspection:

1. Adhesion Testing:

a. Tensile testing of the surface preparation shall be performed by the Engineer as necessary using Type 4 or Type 5 pneumatic adhesion testing equipment in accordance with ASTM D4541 using 2-inch diameter dollies for concrete surface adhesion testing.

b. Concrete surface or applied coating shall be scored for concrete adhesion testing.

c. Adhesive failure greater than 50 percent of the dolly surface area shall indicate inadequate surface preparation.

d. Cohesive failures which results in loss of sound concrete will be acceptable provided the loss is greater than 50 percent of the dolly surface area.

e. Low adhesion cohesive failures with a thin layer of concrete due to weak concrete or laitance over 50 percent of the dolly surface will be rejected.

2. Concrete Soundness: Concrete soundness shall be determined using the scratching or hammer impact methods as defined in SSPC SP-13.

3. Moisture Content: Moisture shall be tested as specified in SSPC SP-13 and in accordance with ASTM D4263 and ASTM F1869. Moisture content cannot exceed the moisture content recommended by the coating manufacturer.


3.05 SURFACE PREPARATION

A. Clean and degrease surfaces prior to abrasive blasting by solvent cleaning as specified using solvents, detergent/water, emulsions, and steam. Proposed method must be documented in the coating plan. Contractor must contain and properly dispose of all runoff and debris from cleaning.

B. If the following conditions exist or are prevalent, surface preparation and coating must be delayed or postponed until conditions are favorable. Each day’s coating must be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions or changes. No surface preparation shall begin or coating applied:

1. When the surface, air or material is below or above the manufacturer’s printed instructions.

2. When surfaces are wet or damp.

3. During weather conditions of rain, snow, fog or mist.

4. When the air and steel temperature is less-than or equal to 5 F above the dew point temperature.

5. If the relative humidity is above 85 percent.

6. When it is expected that the air and/or surface temperature will be below or above the coating manufacturer’s recommended temperatures within 4 hours after applications of coating, minimum. Coating manufacturer may require additional time between application and temperature and weather changes.

C. Shop Surface Preparation:

1. Notify Engineer at least 7 days prior to start of shop blast cleaning to allow for inspection of the Work during surface preparation and shop application of paints. Work shall be subject to the Engineer’s approval before shipment to the Site.

2. Items such as structural steel, metal doors and frames, metal louvers, and similar items as reviewed by the Engineer may be shop prepared and primed. Centrifugal wheel blast cleaning is an acceptable alternate to shop blast cleaning. Blast clean and prime in accordance with the Specifications.

3. Prepare surfaces by abrasive blasting as specified and apply shop prime coat. Shop primed steel plates must not have primer extended within 4 inches along all edges to be welded. All primer within 4 inches of an area to be welded must be removed prior to welding. Welding of painted surfaces will not be allowed.

D. All pre-assembled shop primed items must be prepared in accordance with these specifications and inspected by the Owner’s representative before and after priming.

E. Abrasive Blasting:

1. Prior to extensive abrasive blasting operations, the Contractor must perform a test blast to verify that the surface cleanliness and profile meet the requirements of these specifications and meet the coating manufacturer’s requirements for the coating to be applied. If the test section does not meet the requirements, the Contract must make changes to the abrasive materials and methods to provide suitable blast.


2. Abrasive blast only the amount of surface area which can be primed the same day or before any rust starts to form, whichever occurs first. Areas which are not painted the same day must be re-blasted on the day the prime coat is applied.

3. Shrouding or recovery of all blast material will be mandatory during all exterior blasting.

4. Contractor must contain all waste and process discharge in accordance with the accepted methods for the process and materials that are in abatement.

5. Where abrasive blast cleaning will not remove or properly prepare metal surfaces, hand and/or power tool cleaning must be used to remove such conditions as weld splatter, laminations and radius-sharp edges. Hand tool or power tool must be used on areas less than 2 feet in diameter or smaller or on corners and edges.

6. All abrasive blast equipment must be equipped with, including but not limited to the following:

a. Noise reducing devices.

b. Hose coupling safety devices.

c. Electrical grounding devices.

d. Moisture traps and filters.

e. Fresh air hoods for all blasters.

f. “Dead Man” switches on all blast hoses.

g. Air Dryers.

F. Surface profile must be in accordance with manufacturer’s printed requirements.

G. The adequacy of the preparation of surfaces must be determined by comparing the surface with SSPC VIS 1, SSPC VIS 3, NACE RP0178 and ICRI Surface Finish Comparators.

H. Wherever the words “solvent cleaning”, “hand tool cleaning”, “wire brushing”, or “blast cleaning”, or similar words of equal intent are used in the Specifications or in paint manufacturer’s specifications, they shall be understood to refer to the applicable specifications indicated.

I. Where OSHA or EPA regulations preclude standard abrasive blast cleaning, wet or vacuum-blasting methods may be required. Coating manufacturers’ recommendations for wet blast additives and first coat application will apply.

J. Clean surfaces of dust and residual particles from cleaning operations by dry (no oil or water vapor) air blast cleaning or other method prior to painting. Vacuum clean enclosed areas and other areas where dust settling is a problem and wiped with a tack cloth.

3.06 PREPARATION OF HOT-DIP GALVANIZED COATED IRON OR STEEL PRODUCTS

A. Remove all soluble and insoluble contaminants. Prepare hot-dip galvanized coated iron and steel products in accordance with ASTM D6386 and abrasive blast per ASTM D6386 to achieve an angular anchor profile as required by the coating manufacturer.

B. Contractor is responsible for coordinating with the coating manufacturer to verify compatibility of the specified coating system with the provided surface preparation.


3.07 PREPARATION OF EXISTING COATED OR SHOP PRIMED SURFACES

A. General:

1. Factory-applied primers to equipment must be those specified or verified by the Contractor to be compatible with the specified coating systems. Where possible, notify manufacturers which shop prime coats will be required in order to be compatible with field-applied finish coats.

2. Where equipment is purchased which has the manufacturer’s standard primer or a factory finish which is other than as specified in this Section, remove the factory-applied paint system or apply passivators or other special coatings as required to make the surface compatible with the finish coat specified.

3. Do not apply any coating to machinery, piping, or other surfaces before testing has been completed and systems approved. Any damage to coatings resulting from subsequent corrective procedures shall be stripped back to bare metal and repainted with the appropriate paint system as directed by the Engineer.

4. Check for compatibility when applying coatings over existing coatings. Apply a test patch of the recommended coating system, covering at least 2 to 3 square feet or as directed by the Engineer. Allow to cure 1 week before testing adhesion per ASTM D3359 in the presence of the Engineer. If adhesion does not meet the manufacturer’s published data, consult with the Engineer.

5. Shop primed or coated surfaces shall be reviewed with the Engineer to determine if the extent of damage to the coating and suitability of finish coats to adhere to shop applied coats.

6. If a cured epoxy, polyurethane, or plural-component material is to be top coated provide brush-off blast as specified herein or as recommended by the coating manufacturer.

7. Surface preparation recommendations of coating manufacturer shall be subject to approval of the Engineer.

B. To be Recoated or Final Coated:

1. Solvent clean.

2. Perform touch-up repairs of existing coating.

3. Asphaltic coated ductile iron pipe will require an application of a seal coat prior to the application of a cosmetic finish coat.

C. Touch-Up Repairs:

1. Clean loose, abraded, or damaged coatings to substrate by power tool to bare metal per SSPC-SP11 and/or NAPF 500-03-03 “Power Tool Cleaning.”

2. Feather surrounding intact coating.

3. Apply one spot coat of the specified primer to bare areas overlapping the prepared existing coating.

4. Apply one full finish coat of the specified primer or finish coat(s) overall.


D. Application of a Cosmetic Coat:

1. The exact nature of shop-applied coatings is not known in all cases.

2. Check compatibility by application to a small area prior to starting the coating.

3. If lifting or other problems occur, request disposition from the Engineer.

3.08 APPLICATION

A. After abrasive blast cleaning, dust and spent abrasive must be removed from the surfaces by air blasting and brush sweeping. The prime coat must be applied as soon as possible after the blasting and surface cleaning is completed, inspected and approved by the Inspector.

B. Blasted surfaces must be coated before rust forms on the surface. No prepared surface will be allowed to receive a coating if “rust bloom” or surface discoloration has occurred. All blasted surfaces must be coated to within 6 inches of the edge of a blasted area. No visible rust must be coated under any circumstances, including rust bloom or if discoloration has occurred, regardless of elapsed time between blasting and coating.

C. Provide mist coat if recommended by the coating manufacturer.

D. All weld seams, gaps, edges, bolts and difficult areas to coat must receive a stripe coat. Stripe coat must be a contrasting color.

E. The Contractor must apply each coat at the rate and in the manner specified by the coating manufacturer, except as may be modified herein. If material has thickened or must be diluted for application, coating must be built up to the same dry film thickness as specified for each coat of the complete system.

F. Maximum and minimum DFT must be per the supplied coating manufacturer’s printed requirements and as required by this Section. DFT will be measured per SSPC-PA 2, Level 2 with an allowable measurement of spot DFT of:

1. Minimum DFT as specified, no less than the minimum specified will be accepted.

2. 120 percent of maximum DFT specified.

G. Contractor and painting technicians are responsible for the application of coating system and must have current applicator certifications from the coating manufacturer. Submit certifications with coating submittal.

H. No coating shall be used which has an expired shelf or pot life.

I. Coating must be applied by skilled workmen and must be brushed out or sprayed evenly, without runs, crazing, sags, or other blemishes.

J. Sand between coats to remove over spray and dry fall.

K. Apply the first coat to the surface, including cutting in around edges, before the second coat is applied. The second coat and any successive coats must not to be applied before notifying the Owner’s field representative and obtaining approval. Each coat must be tested before the successive coat is applied.

L. The coating curing period must be adjusted to compensate for less than adequate weather conditions, as recommended by the coating manufacturer, for complete curing of the entire coating system. The full curing time recommended by the manufacturer shall be provided.


M. Coating must be continuous and must be accomplished in an orderly manner to facilitate proper inspection control.

N. Where a roller or brush is used to apply the coating, additional coats may be necessary to achieve the recommended dry film thickness and/or to achieve total coverage of the underlying surface. Coated surfaces must be totally free of all roller nap, roller marks, brush bristles and brush marks.

O. When using conventional coating spray equipment for coating operations, effective oil and water separators combined with after coolers or deliquescent dryers must be used in compressed air lines to remove detrimental oil and moisture from the air. Separators must be placed as far as practical from the compressor. Compressors may be tested periodically by the Owner’s representative for oil and water contamination of compressed air. Testing must follow ASTM D4285 “Standard Test Method of Indicating Oil and Water in Compressed Air.” All compressor units found to produce unacceptable amounts of oil and or water, as determined by results of ASTM D4285 test data and interpretation of data by the Owner’s representative must be replaced with a compressor that is acceptable.

P. For porous surfaces, such as concrete or masonry, a prime coat may be thinned to provide maximum penetration and adhesion. The type and amount of thinning must be determined by the coating manufacturer and is dependent on surface density and type of coating.

3.09 WATER AND WASTEWATER PIPE COLORS

A. General coating colors in accordance with the TCEQ are as follows for general selection of pipe coatings. Contractor must provide samples for Engineer’s approval prior to ordering as specified.

Pipe/Pumps/Valves System Description Color

Backwash Waste/Drain Dark Grey

Clarified Water Green

Effluent after Clarification Dark Green

Filter Effluent Light Blue

Gray Water Purple with Yellow Lettering

Heated Water Blue with 6-inch Red Bands Spaced 30-inches apart

Waste Water/Sewage Brown

Gate Valve Handwheels Safety Red

3.10 FIELD QUALITY CONTROL

A. Field Tests: Make wet film tests during painting operations to ensure proper thicknesses of coating are being applied. After each coat has been applied, test the paint film thickness with a nondestructive, magnetic type thickness gauge. The total dry-film thickness for each coat shall not be less than 75 percent of the amount specified. If the thickness is less than 75 percent, apply additional coats until the total specified thickness is obtained. The total thickness after the final coat has been applied shall be 100 percent of the thickness


specified, minimum. Apply additional coats until the specified thickness is reached or exceeded.

B. Holiday Testing: Test the entire surface of coated submerged metal structures with a holiday detector. For thickness between 10 and 20 mils (250 to 500 microns) a non-sudsing type wetting agent, as recommended by the holiday detector manufacturer shall be added to the water prior to wetting the detector sponge. Mark and repair pinholes in accordance with the manufacturer’s printed instructions, then retest pinholes. No pinholes or other irregularities shall be permitted in the final coats. Areas containing holidays shall receive additional coats until tests indicate no holidays.

3.11 PROTECTION OF SURFACES NOT TO BE PAINTED

A. Remove, mask, or otherwise protect hardware, lighting fixtures, switch plates, aluminum surfaces, machined surfaces, couplings, shafts, bearings, nameplates on machinery, and other surfaces not intended to be painted.

B. Provide drop cloths to prevent paint materials from falling on or marring adjacent surfaces.

C. Protect working parts of mechanical and electrical equipment from damage during surface preparation and painting process.

D. Mask openings in motors to prevent paint and other materials from entering the motors.

3.12 DAMAGED COATINGS, PINHOLES, AND HOLIDAYS

A. Feather edges and repaired in accordance with the recommendations of the paint manufacturer.

B. Repair fusion bonded coatings to be as recommended by the original applicator. Applicator shall provide liquid repair kits for this purpose as recommended by the coating manufacturer.

C. Apply finish coats, including touchup and damage-repair coats in a manner that will present a uniform texture and color-matched appearance.

3.13 UNSATISFACTORY APPLICATION

A. If the item has an improper finish color, or insufficient film thickness, clean and topcoat surface with specified paint material to obtain the specified color and coverage. Obtain specific surface preparation information from the coating manufacturer.

B. Hand or power sand visible areas of chipped, peeled, or abraded paint and feather the edges. Follow with primer and finish coat in accordance with the Specifications. Depending on the extent of repair and its appearance, a finish sanding and topcoat may be required.

C. Evidence of runs, bridges, shiners, laps, or other imperfections shall be cause for rejection.

D. Repair defects in coating system per written recommendations of coating manufacturer.

E. Leave all staging up until the Engineer has inspected the surface or coating. Replace staging removed prior to approval by Engineer.


3.14 COATING INSPECTION

A. General:

1. All coats will be subject to inspection by the Engineer and the coating manufacturer’s representative.

2. Visually inspect concrete, nonferrous metal, plastic, and wood surfaces to ensure proper and complete coverage has been attained.

3. Give particular attention to edges, angles, flanges, and other areas where insufficient film thicknesses are likely to be present and ensure proper millage in these areas.

B. Coating Thickness Testing:

1. Engineer will conduct coating thickness testing as necessary and without limitation. Testing conformance to the requirements of SSPC PA-2 is specifically excluded from this Section.

2. Measure coating thickness specified in mils with an electronic type dry film thickness gauge as specified.

3. Check each coat for the correct millage. Do not make measurement before a minimum of 8 hours after application of the coating.

4. Tests for concrete coating thickness shall be with a Tooke Gauge, a destructive test. Contractor shall repair coating after thickness testing.

C. Coating Continuity Testing:

1. Test finish coat, except zinc primer, galvanizing, and elastomeric coatings in excess of 20 mils dry, for holidays and discontinuities with an electrical holiday detector, low voltage, wet sponge type as specified.

2. Holiday detect coatings in excess of 20 mils dry and concrete and secondary containment coatings with high voltage units recommended by the coating manufacturer in accordance with NACE RP0188.

3.15 CLEAN AND ADJUST

A. Promptly remove trash and debris resulting from painting operation from the Site. Remove drop cloths, masking tapes and other protective coverings. Remove paint spills, splatters, overlap of paint from adjacent material and other defects. Spot paint nicks and other defects.

B. Remove paint containers and waste products. Thoroughly clean paint storage rooms, removing spilled paint from walls and floors.

C. Damages due to over spray on buildings, vehicles, trees, or other surfaces not specified to be painted would be the responsibility of the Contractor.

3.16 SCHEDULES

Protective coatings shall be applied in accordance with the following paint schedule. If additional primers, etc. are recommended by the coating manufacturer for any of the coatings


specified, they must be provided at no additional cost to the Owner to provide a complete and compatible coating system.


PROTECTIVE COATINGS PAINT SCHEDULE

System Application Description Surface Prep. Product Type No. of Coats

DFT(mils)

No. 1

Metal Piping and Valves Immersion – Inside of Wet WellExterior protection of submersed valves & pumps, pump bases, piping, sewer interceptors, wastewater vessels, settling tanks and buried piping connecting to them.Application Notes:1. For existing pipe sleeves inside of wet well, provide

SSPC-SP11. 2. In addition to coating, wrap pipe flanges inside of wet

well with petrolatum (wax) tape.3. Coat grout between pipe sleeve and discharge piping

with Type N. Provide primer for concrete as recommended by manufacturer.

4. All piping in the wet well must be holiday tested after installation.

SSPC-SP1SSPC-SP10

NAPF 500-03-01NAPF 500-03-04NAPF 500-03-05

Type N – Glass Flake Reinforced Epoxy

2 20.0

Total Minimum Dry Film Thickness 30 mils

No. 2

New and Existing Metal Piping and Valves within Vaults All metal surfaces new and existing that will be installed in areas where temporary submerged conditions can occur, such as within vaults and for piping and valves covered with insulation. Application Notes:1. Intact Factory Applied Epoxy Coatings on Valves and

Piping – Abrade surface to create a surface profile and spot prime with Epoxy Mastic. Coat with penetrating Sealer and continue with stripe, intermediate and top coat as indicated.

2. Previously Coated and Corroded Piping and Valves - Prepare as indicated to the right and provide full coat of Epoxy Mastic and continue with stripe, intermediate and top coat as indicated.

For New Piping and Valves:SSPC-SP1SSPC-SP6 NAPF 500-03-01NAPF 500-03-04NAPF 500-03-05

For Previously Coated Piping and Valves:SSPC-SP1SSPC-SP3NAPF 500-03-01NAPF 500-03-03

TYPE L – Epoxy MasticTYPE O – Penetrating Epoxy

Pre-PrimerTYPE D - Stripe Coat

TYPE D – Epoxy-PolyamideTYPE D – Epoxy-Polyamide

12

34

4.02.0

4.04.0

Total Minimum Dry Film Thickness 12 mils


END OF SECTION

Miscellaneous Piping and Appurtenances 22 10 00.01 - 1BUA19270 – Meadows at Buda Lift Station Improvements

22 10 00.01 MISCELLANEOUS PIPING AND APPURTENANCES

1.00 GENERAL

1.01 WORK INCLUDED

Furnish labor, materials, equipment and incidental necessary to install miscellaneous valves. See other specification sections for piping and appurtenances associated with compressed air piping and valves.

1.02 SUBMITTALS

Submittals shall be in accordance with Section 01 33 00 “Document Management” and shall include:

1. Record Data – Manufacturer’s data sheets

2.00 PRODUCTS

2.01 MECHANICAL JOINT RESTRAINT

Restraint devices for mechanical joint fittings and appurtenances conforming to either ANSI/AWWA C111/A21.11 or ANSI/AWWA C153/A21.53 shall conform to the following:

A. The devices shall have a working pressure rating of 350 psi for 3-16 inch and 250 psi for 18-48 inch. Ratings are for water pressure and must include a minimum safety factor of 2 to 1 in all sizes.

B. Gland body, wedges, and wedge actuating components shall be cast from grade 65-45-12 ductile iron material in accordance with ASTM A536.

C. Restraint devices shall be Listed by Underwriters Laboratories (3” through 24” inch size) and Approved by Factory Mutual (3” through 12” inch size).

D. All parts of the restraint shall be coated with a minimum of two coats of liquid thermoset epoxy coating with heat cure to follow each coat.

E. Approved Manufacturers:

1. Megalug Series 1100 produced by EBAA Iron Inc.

2. UNI-FLANGE by Ford Meter Box Company

3. Approved Equal


2.02 RESTRAINED FLANGE COUPLING ADAPTERS

A. Restrained flange adapters shall be used as indicated in lieu of threaded or welded flanged spool pieces. Flanged adapters shall be made of ductile iron conforming to ASTM A536 and have flange bolt circles that are compatible with ANSI/AWWA C110/A21.10 (350#/Class). All connection hardware shall be stainless steel.

B. Restraint for flange adapter shall consist of a plurality of individual actuated gripping wedges to maximize restraint capability. Torque limiting actuating screws shall be used to ensure proper initial set of gripping wedges. Adaptors shall be epoxy coated and lined.

C. The flange adapters shall be capable of deflection during assembly or permit lengths of pipe to be field cut to allow a minimum 0.6 inch gap between the end of the pipe and the mating flange without affecting the integrity of the seal.

D. Approved Manufacturers:

1. Series 1100 and 2100 MEGAFLANGE® Restrained Flange Adapter as produced by EBAA Iron, Inc.

2. Approved Equal

2.03 WET WELL INSIDE DROP SYSTEM

A. Provide a plastic composite collection device that facilitates the controlled drop of effluent into the lift station. All pipe supports and hardware must be 316 stainless steel. Drop system is to consist of bowl collection system, force main hood, drop pipe and all appurtenances.

B. Installation must be per the manufacturer’s recommendations for an existing fiberglass wet well.

C. Approved Manufacturers:

1. Reliner/Duran, Inc.

2. Approved Equal

2.04 SUBMERSIBLE PUMP GUIDE RAILS AND LIFTING ASSEMBLY

A. Contractor is to refer to Appendix A for a list of Owner provided materials for the installation of the submersible pump guide rails and brackets. The Contractor will be responsible for providing any other parts and materials required to provide a complete and working system. All materials in the wet well must be 316 stainless steel.

B. Pumps must be able to be removed individually.

C. Each pump must be fitted with:


1. 316 S.S. cable and chain for use with Flygt Grip-Eye system. The Contractor is to provide 2 each, Flygt Grip-Eyes to the Owner.

2. All electrical cables shall be bundled together into a single unit so as to ease operator handling of the cables. The bundled cables shall be outfitted with three (3) single loop support grips. One support shall be used to restrain the cable at the surface while the pump is in the normal operating position. One support shall be placed on the pump end of the bundled cables and one support (upside down) at the center of the span for the bundled cables.

D. The chain support grips, chain and associated hardware shall have a minimum working load limit (WLL) of 1-1/2 times the total pump/motor weight.

E. Approved Manufacturers:

1. ITT Flygt

2. Approved Equal

2.05 NON-SHRINK EPOXY GROUT

A. Non-Shrink Epoxy Structural Grouts: Furnished in two components from the factory and mixed on the Site; conforming to ASTM C579, ASTM C580, and ASTM C827; chemical resistant, water resistant and a minimum 7-day compressive strength of 12,000 psi.

B. Products:

1. Sikadur 42, Grout-Pak by Sika Corporation

2. Five Star HP Epoxy Grout by Five Star Products, Inc.

3. Masterflow 648 CP by BASF The Chemical Company

2.06 GRATED FALL PROTECTION SYSTEM

A. Where indicated on the plans or within this specification, hatches shall be retrofitted with a grated fall protection system. System must be installed per the manufacturer’s written directions. Contractor must field verify that fall protection system will not interfere with pump installation and removal operations.

B. Design of grate shall assure that the fall through protection is in place before the door(s) of the hatch can be closed.

C. Grates shall incorporate a pull opening arm, designed so the grate can be pulled open.

D. Opening arms shall include a hasp to allow the hatches to be locked with a pad lock in the closed position.


E. Safety grate shall be rated for 300 lbs/sq. ft.

F. Safety grate shall have permanent hinging system and be lockable in the 90-degree open position.

G. Aluminum safety grate shall be coated with a safety orange color. Coating shall be a thermosetting, powder coat finish, 2-4 mils., minimum.

H. Materials

1. Grate material shall be 6061 aluminum for bars, angles and extrusions. 1/4” diamond plating shall be 5086 aluminum.

2. All hardware and hinges shall be constructed of 316 stainless steel.

I. Approved Manufacturers:

1. Safe-Hatch

2. Approved Equal

3.00 EXECUTION

3.01 INSTALLATION

Carefully handle and install valves and appurtenances in a manner that prevents damage to any part of the unit. Install items in accordance with the Manufacturer's instructions. Perform an electrical continuity check at insulated connections prior to filling the piping with water, to verify there are no shorts across the insulated connection. Verify size, type, location, pressure rating, and connections of all pipe and fittings with equipment suppliers, where applicable.

END OF SECTION

Flowable Fill 31 23 23.34 - 1BUA19270 – Meadows at Buda Lift Station Improvements

31 23 23.34 FLOWABLE FILL

1.00 GENERAL

1.01 WORK INCLUDED

Furnish labor, materials, equipment, and incidentals necessary to mix and place flowable fill, consisting of Portland cement, fine aggregate, fly ash, and water in the proper proportions as specified hereinafter. Flowable fill (Controlled Low-Strength Material, CLSM) shall be used to bed and backfill around piping, utilities, and structures where indicated.


A. Design Criteria – Flowable Fill Proportions and Consistency: Flowable fill shall be proportioned to give the necessary workability, strength, and consistency, and shall conform to the following governing requirements:

1. Permeability: Maximum permeability limit of 1x10-6 cm/sec. This limit shall apply at all locations where flowable fill is used as a utility trench plug (dam) within trench backfill materials.

2. Subsidence: Evaporation of bleed water shall not result in shrinkage of more than 10.4 mm per m (1/8 inch per ft.) of flowable fill depth. Measurement of a Final Bleeding shall be as measured in Section 10 of ASTM C940.

3. Strength for Excavatable Flowable Fill: Unconfined compressive strength at 28-days when tested in accordance with ASTM D4832: 100 psi (+/- 50 psi).

a. The 1-year strength shall not exceed 150 psi

b. Where indicated provide Excavatable Flowable Fill around utilities, unless noted otherwise.

c. Excavatable Flowable Fill shall be excavatable with hand tools and conventional machinery such as backhoes.

4. Strength for Non-Excavatable Flowable Fill: Unconfined compressive strength at 28-days when tested in accordance with ASTM D4832: 150 psi minimum.

a. Where indicated provide Non-Excavatable Flowable Fill below structures and/or around structures, unless noted otherwise.

5. Fluidity: Flowable fill shall be self-consolidating and non-segregating in accordance with ASTM C1611:

a. Slump Flow Test: Minimum 20-inch mean spread.

b. Visual Stability Index (VSI) Test: Less than or equal to 1.

B. Factory Testing: The Contractor shall be responsible for the design of the material. A trial mix shall be designed by an independent testing laboratory, retained by the Contractor. The testing laboratory shall submit verification that the materials and proportions of the trial mix design meets the requirement of the Specifications. In lieu of trial mix design, Contractor may submit historical data for a mix design used successfully in previous similar work. The Contractor shall not make changes in materials, either in gradation, source, or


brand, or proportions of the mixture after having been approved, except by specific approval of the Engineer.

C. Owner Testing: It is the responsibility of the Contractor to achieve and maintain the quality of material required by this Section. However, the Owner may secure the services of an independent testing laboratory to verify the quality of the flowable fill. The Owner shall have the right to require additional testing, strengthening, or replacement of flowable fill which has failed to meet the minimum requirements of this Section.

1.03 SUBMITTALS

A. Submit mix design on each material required. Provide backup data as required below.

B. Submit historical or trial mix data and test results as a basis for mix design approval. Required data shall include:

1. Permeability test results if plugs are required on Project.

2. Subsidence test results.

3. Strength test results for Excavatable and Non-Excavatable Flowable Fill if used on Project.

4. Fluidity test results.

1.04 STANDARDS AND REFERENCES

A. Materials shall meet recommendation for mix design and placement, as published by National Ready Mixed Concrete Association.

B. The applicable provisions of the following references and standards shall apply to this Section as if written herein in their entirety.

American Society for Testing and Materials (ASTM) Standards:

ASTM C33 Specification for Concrete Aggregates

ASTM C40 Test Method for Organic Impurities in Fine Aggregates for Concrete

ASTM C150 Specification for Portland Cement

ASTM C618 Specification for Fly Ash and Raw or Calcined Natural Pozzolan for Use as Mineral Admixture in Portland Cement Concrete

ASTM C 940 Standard Test Method for Expansion and Bleeding of Freshly Mixed Grouts for Preplaced-Aggregate Concrete in the Laboratory

ASTM C 1611 Standard Test Method for Slump flow of Self Consolidating Concrete

ASTM D 4832 Standard Test Method for Preparation and Testing of Controlled Low Strength Material (CLSM) Test Cylinders

2.00 PRODUCTS

2.01 MATERIALS

A. Cement: Portland cement conforming to the specifications and test for Type I Portland cement of the American Society for Testing and Materials, Designation C-150.


B. Fine Aggregate: Fine aggregate consisting of natural, washed and screened sand having clean, hard, strong, durable, uncoated grains complying with the requirements for ASTM C33. The sand shall generally be of such size that all will pass a 3/8-inch sieve, at least 95 percent pass a 1/4-inch screen and at least 80 percent pass a No. 8 sieve. Aggregate shall not contain strong alkali, or organic material which gives a color darker than the standard color when tested in accordance with ASTM Specification Designation C40.

C. Fly Ash/Pozzolans: Fly ash shall be an ASTM C618, Class “C” fly ash. The fly ash may be used in controlled low-strength material.

D. Water: Water for flowable fill shall be clean and free from oil, acid, alkali, organic matter or other harmful impurities. Water which is suitable for drinking or for ordinary household use will be acceptable for concrete. Where available, water shall be obtained from mains of a waterworks system.

E. Performance Additive: As required to meet specification requirements:

1. Darafill by Grace Construction Products or approved equal.

2. Rheocell Rheofill by BASF The Chemical Company.

3. Sika Lightcrete Powder by Sika Corporation.

4. Approved equal.

F. Chemical admixtures for concrete per ASTM C 494, as required by performance requirements.

2.02 MIXES

A. In the determination of the amount of water required for mix, consideration shall be given to the moisture content of the aggregate. The net amount of water in the mix will be the amount added at the mixer; plus the free water in the aggregate; and minus the absorption of the aggregate, based on a 30 minute absorption period. No water allowance shall be made for evaporation after batching.

B. The methods of measurement of materials shall be such that the proportions of water to cement can be closely controlled during the progress of the Work and easily checked at any time by the Owner’s representative. To avoid unnecessary or haphazard changes in consistency, the aggregate shall be obtained from sources which will insure a uniform quality and grading during any single day’s operation and they shall be delivered to the Work and handled in such a manner that the variation in moisture content will not interfere with the steady production of flowable fill of reasonable degree of uniformity. Sources of supply shall be approved by the Owner’s representative.

C. All material shall be separately and accurately measured. Measurement may be made by weight or by volume, as determined by the Contractor; however; all equipment for measurement of materials shall be subject to approval by the Owner’s representative.


3.00 EXECUTION

3.01 INSTALLATION

A. Contractor shall give the Owner’s representative sufficient advance notice before starting to place material in any area, to permit inspection of the area, and preparation for pouring.

B. Conduct the operation of depositing the material so as to form a compact, dense, impervious mass, and so as not to develop air pockets in confined spaces.

C. Unless specified otherwise, flowable fill shall be uniformly placed to the depth shown on the Drawings. The fill shall be brought up uniformly to the top of excavation elevation. Placement of flowable fill shall then cease and the fill protected from traffic for a period of 72 hours.

1. To prevent pipe flotation place material in lifts or provide alternate means.

2. Around structures, material shall be placed in lifts. Lift depth shall not exceed one-tenth of total structure embedment into subgrade nor 5 feet, whichever is less.

3. When multiple lifts are required, material shall be allowed to harden before placing next lift. Hardening time varies with each mix. Verify flowable fill has reached a penetration number of 1500, in accordance with ASTM C 403, but not less than 5 hours.

D. The material shall be placed against undisturbed trench walls, and shall not be placed on or against frozen ground.

E. At time of placement the ambient temperature shall be 35 F and rising.


The testing laboratory shall sample material in accordance with ASTM D5971. The testing laboratory shall monitor backfill operation continuously or at intervals acceptable to the Owner and Engineer at structures. It shall be the responsibility of the Contractor to provide sufficient advance notification to the testing laboratory before backfill operations begin.

A. Strength: A strength test is the average of two cylinders per ASTM D4832.

B. Fluidity: A fluidity test is a Slump Flow Test and a VSI Test per ASTM C1611.

C. For all tests required, at a minimum perform one test per day, but not less than one per 150 cubic yards.

END OF SECTION

Ductile Iron Pipe and Fittings 33 05 01.02 - 1BUA19270 – Meadows at Buda Lift Station Improvements

33 05 01.02 DUCTILE IRON PIPE & FITTINGS

1.00 GENERAL

1.01 WORK INCLUDED

Furnish labor, materials, equipment and incidentals necessary to install ductile iron pipe and fittings, including taps, connections, and appurtenances as required for a functional system as indicated herein. Unless otherwise noted, all above grade exposed pipe, fittings, and appurtenances shall be flanged while below grade piping, fittings and appurtenances shall be mechanical joint or push on joints.


A. ACCEPTABLE PIPE MANUFACTURER’S

1. U.S. Pipe – Domestic Only

2. Tyler Pipe – Domestic Only

3. Griffin Pipe – Domestic Only

4. American Ductile Iron Pipe – Domestic Only

5. McWane – Domestic Only

B. ACCEPTABLE FITTING MANUFACTUERERS

1. Tyler/Union – Domestic Only

C. Factory Testing: The manufacturer shall perform all tests as required by AWWA C151. Welded outlets shall be hydrostatically tested at a pressure of 250 psi for a period of 1 hour. No leakage shall be allowed.

D. Experience Requirements: Pipe shall be the product of a manufacturer who has a minimum of 10 years’ successful experience manufacturing pipe of the particular type specified and the total pipeline shall be the product of one pipe manufacturer. The manufacturer shall have a minimum of 10 years’ successful experience in the design and manufacturing of pipe joints of similar design, working pressure, pipe diameter and wall thickness as specified.

E. Pipe Classification: Pipe manufacturer shall manufacture the pipe to meet the installation conditions, cover depth, and bedding and backfill requirements as shown on the Drawings or specified and furnish the correct class of pipe to meet these conditions. If additional requirements are required, pipe manufacturer shall coordinate their requirements with the Contractor.

F. Manufacturer’s product data sheets for coatings and linings.

1.03 SUBMITTALS


Submittals shall be in accordance with Section 01 33 00 “Document Management”and shall include:

A. Record Data:

1. Catalog data, including dimensions of new pipe and fittings and recommendations for handling and storage; details of lining and coating; thrust restraint provisions; hydrostatic pressure test plan and results; affidavit stating the pipe furnished complies with AWWA C151, AWWA C104, AWWA C110, AWWA C111, and these specifications; mill certificates, including chemical and physical test results for each heat of metal, if requested during pipe manufacturing operations; record drawings, including a schematic location-profile and a tabulated layout schedule, referenced to the pipeline stationing.

B. Shop Drawings:

1. Mechanical joint connections; connections to differing pipe materials.

2. Piping layout drawings.

1.04 STANDARDS

A. Except as modified herein, the applicable provisions of the following standards shall apply as if written here in their entirety:

1. American Water Works Association (AWWA) Standards:

AWWA C104 Standard for Cement Mortar Lining for Ductile Iron Pipe and Fittings

AWWA C105 Standard for Polyethylene Encasement for Ductile Iron Piping

AWWA C110 Standard for Ductile Iron and Gray Iron Fittings

AWWA C111 Standard for Rubber Gasket Joints for Ductile Iron Pipe and Fittings

AWWA C150 Standard for Thickness Design of Ductile Iron Pipe

AWWA C151 Standard for Ductile Iron Pipe

AWWA C153 Standard for Ductile-Iron Compact Fittings for Water Service

AWWA C600 Standard for Installation of Ductile Iron Water Mains and Appurtenances

AWWA C606 Grooved and Shouldered Joints

2. Steel Structures Painting Council (SSPC) Standard: SSPC SP6, Commercial Blast Cleaning.

3. All ductile iron pipe and fittings for potable water systems shall conform to American National Standards/National Science Foundation (ANSI/NSF) Standard 61 and must be certified by an organization accredited by ANSI.


Handling and storage of pipe and fittings shall comply with AWWA C600 and the manufacturer’s recommendations. It is desired that the pipe be hauled direct from the pipe plant to the right-of-way and strung along the pipeline route, thus avoiding rehandling of the pipe and the


possibility of damage thereto. Where fully loaded truck and trailer cannot operate along the pipeline route, pipe may be unloaded at access points along the route and brought to the trench side by approved methods; however, the Contractor shall be responsible to ensure that the pipe is undamaged at the time of laying.

1.06 GUARANTEES

The product shall be warranted and guaranteed per the General Conditions of the Specifications.

2.00 PRODUCTS

2.01 MATERIALS

A. Ductile Iron Pipe:

1. Ductile iron pipe shall be made of ductile iron in accordance with AWWA C151. All ductile iron pipe shall have a minimum working pressure of 250 psi. Pipe shall be rated for pressure in accordance with AWWA C151 for pressure class of pipe as indicated. Standard joint length shall be 18 to 20 feet. Flanged ductile iron pipe shall be in accordance with AWWA C115 with a minimum thickness class of 53.

2. Pipe manufacturer shall manufacture the pipe to meet the installation conditions, cover depth, and bedding and backfill requirements as shown on the Drawings or specified and furnish the correct class of pipe to meet these conditions.

B. Fittings: Fittings shall be ASTM A536 ductile iron or ASTM A48 cast iron in accordance with AWWA C110 or AWWA C153. Fittings shall be rated for a minimum working pressure of 250 psi, unless specified otherwise. Factory welded outlets may be used in lieu of tee fittings for 18-inch and larger tee fittings. Factory welded outlets shall have a minimum pressure rating of 250 psi. Factory welded outlets may not be used near sources of vibration, such as pump stations or roads.

Provide carbon steel hardware for above grade flanged pipe and fittings. Provide 316 stainless steel hardware for pipe and fittings within the wet well. Provide Cor-Blue T-Bolts or approved equal for buried pipe and fittings.

C. Joints for Pipe and Fittings:

1. Joints shall be in accordance with AWWA C110, AWWA C111, and AWWA C151. Standard joints for ductile iron pipe and fittings shall be push-on. Where indicated, joints shall be mechanical joint, flanged, or grooved.

2. Flanged joints shall have pressure ratings equal to or greater than adjacent pipe. Flange pattern shall match pattern of valve, fitting, or appurtenance to be attached. Flanges on ductile iron pipe shall be ductile iron.

D. Provisions for Thrust:

1. Thrust at bends, tees, plugs, or other fittings shall be resisted by restrained joints or concrete thrust blocks. If thrust cannot be accommodated using restrained joints, thrust blocking or concrete anchors to restrain thrust shall be used. Contractor shall indicate which method of restraint was used on the As-Built drawings.


2. Restrained joints shall be used for a sufficient distance from each bend, tee, plug, or other fitting to resist thrust which will be developed at the design pressure of the pipe. For the purpose of thrust restraint, design pressure shall be 1.5 times the design working pressure class indicated.

3. The length of pipe with restrained joints to resist thrust forces has been indicated in the plans. Contractor shall consult with Engineer for any fitting configurations that are not address by the plans. Any additional restraint shall be provided at no additional cost to the owner. Thrust Restraint Design for Ductile Iron Pipe, Ductile Iron Pipe Research Association using the following parameters:

a. Laying condition equal AWWA C600 Type 4 bedding.

b. If polyethylene encasement is used, restrained length shall be doubled to account for reduced soil to pipe friction resistance.

4. Where indicated and where required for thrust restraint, joints shall be restrained. Restrained joints shall be mechanically interlocking joints. Restrained joints shall be U.S. Pipe "TR Flex", American Ductile Iron Pipe "Flex Ring", or Clow Corporation "Super-Lock". Restraining fittings using set screws, restraining gaskets, gripper type glands, and field-cuts of restrained joints shall be Mega-Lug, or approved equal. Field welding shall not be allowed. Restrained joints shall be capable of sustaining the design pressure as specified herein.

E. Coating:

1. Buried Piping and Fittings:

a. Coat the exterior of the pipe and fittings with a 1 mil bituminous coating in accordance with AWWA C110 and AWWA C151, unless specified otherwise.

b. In addition to the factory applied asphaltic coating, all buried ductile iron pipe and fittings shall have a tube-type polyethylene encasement in accordance with AWWA C105. Polyethylene encasement shall be 8 mils thick or 4 mils thick and cross-laminated. Both ends of the pipe shall be thoroughly sealed with adhesive tape or plastic tie straps at the joint overlap. Place circumferential wraps of tape at 2-foot intervals along the barrel of the pipe to minimize the space between the encasement and the pipe.

2. Above Grade Piping and Fittings:

Coat the exterior of the pipe and fittings per specification 09 96 00.01 “High-Performance Coatings."

F. Lining: Ductile iron pipe and fittings shall be lined with factory installed Protecto 401 Ceramic Epoxy Lining by Enduron or American Polybond Plus (fusion bonded epoxy and fusion bonded polyethylene) or an approved equal. Lining primers, applications, and thicknesses shall be in accordance with manufacturer’s recommendations for sanitary sewer applications, but shall not be less than 40 mils.

G. Flexible Joint Couplings:

1. Flexible joint couplings shall be Dresser Style 38, Rockwell Style 411, Victaulic Depend-O-Lok - E x E, Type II or approved equal, unless otherwise shown.


2. Provide restrained flexible joint couplings or restrained flexible joints on all pipes connecting to concrete structures and at other locations shown on the Drawings. Restrained flexible couplings shall be Victaulic Depend-O-Lok F x F Type II, restrained Dresser or approved equal. Restrained flexible joints shall be U.S. Pipe "TR Flex", American Ductile Iron Pipe "Flex Ring", Clow Corporation "Super-Lock", or approved equal.

H. Insulated Connections: Where insulated connections are indicated, the pipe manufacturer shall furnish dielectric insulation gaskets, sleeves, and two plastic washers for each bolt. Insulating kits shall be Insulket or approved equal.

3.00 EXECUTION

3.01 INSTALLATION

A. General: Install ductile iron pipe, fittings, specials, valves, and hydrants in accordance with AWWA C600 and the Specifications. Trenching and backfilling shall be in accordance with Section 31 23 33 “Trenching and Backfilling” Before lowering into the trench, inspect each joint of pipe. Pipe will then be accepted, rejected, or repaired.

B. Pipe Laying: Lower pipe, fittings, and special castings into trench by crane or other suitable method. Do not roll in or "dump" into the trench. Handle pipe and fittings with belts, slings, or other equipment designed to prevent damage to the pipe and coating. Remove dirt and trash that may be in the barrel of the pipe, on the spigot or in the bell while the pipe is suspended. Keep the pipe clean during the laying operation and free of sticks, dirt, and trash, and at the close of each operating day seal the open end of the pipe with a gasketed night cap. Do not lay pipe in water.

C. Pipe Alignment: Install pipe and fittings to the line and grade indicated. In areas where the line and grade indicated cannot be achieved using standard manufactured bends and fittings, make slight adjustments by deflecting joints. Joint deflections may not exceed the lesser of the maximum deflections stipulated in AWWA C600 or 75 percent of the manufacturer’s maximum recommended deflection. Use fittings as required to maintain pipe centerline within 2 feet of called centerline. Resolve any conflicts with existing utilities and structures.

D. Joint Making:

1. Jointing Mechanical Joint Pipe:

a. Joint this type of pipe in accordance with the manufacturer's recommendations, with uniform torque on bolts.

b. After carefully cleaning both spigot and bell and after slipping the follower ring and gasket over the spigot end, slip the spigot into the bell. Apply a lubricant to the spigot to assist in assembly.

c. Carefully seat the gaskets by hand to be even in the bell at all points.

d. After drawing up the follower ring to uniform bearing against the gasket, insert the bolts and tighten by hand in pairs using bolts opposite each other.


e. Tighten the nuts to hold the required pressure. Extension wrenches or pipes over wrench handles shall not be permitted. Use 10-inch ratchet wrenches to tighten the nuts to a uniform torque.

f. The finished joint shall be watertight.

2. Making Flanged Joints: Erect flanged pipe in accordance with the controlling dimension as specified. Thoroughly clean each piece of flanged pipe to remove dirt, rust, grease, and other foreign matter. Thoroughly wire brush flanged faces to ensure even bearing for gaskets and mating flanges. Place full face gasket, use drift pins to align holes, and tighten flange bolts, each in turn, at a uniform torque around the joint. Finished joints shall be watertight.

3. Making Push-On Joints

The jointing of this type of joint shall be as recommended by the manufacturer. The procedure for jointing shall be generally as follows:

a. Thoroughly clean and dry the spigot and bell before starting the assembly of the joint. Wipe the gasket clean with a cloth.

b. Place the gasket into the gasket seat in the bell.

c. Apply a thin film of lubricant to the surface of the gasket that will come in contact with the entering pipe spigot. If necessary, also apply lubricant to the spigot.

d. Make the joint by exerting sufficient force on the entering pipe so that its plain end will move past the gasket to the seat of the bell.

e. If restrained joints are used, orient pipe to permit ease of assembly. Place locking device after installation of spigot into bell.

4. Making Split-Sleeve Coupling Joints:

a. Exterior surfaces of the pipe shall be clean, smooth and free from weld beads, seams, scars, indentations, roll marks, exterior coatings and flat spots.

b. Install split-sleeve couplings in accordance with the manufacturer’s latest installation instructions.

E. Polyethylene Encasement: Wrap bituminous coated ductile iron pipe in polyethylene encasement in accordance with AWWA C105. Repair or replace encasements which have tears, rips, or punctures in the polyethylene wrap.

F. Painting: Paint piping which is submerged or exposed to the atmosphere in accordance with Section 09 96 00.01 “High-Performance Coatings.”


Perform a hydrostatic test as specified in Section 01 40 00 “Quality Management.”

END OF SECTION

Current Version: September 26, 2012 Previous Versions: 02/24/10, 06/06/08, 3/26/08, 3/09/04, 9/17/01, 4/05/99 and 8/15/97

511S 09/26/12 Page 1 Water Valves

Item No. 511S Water Valves

511S.1 Description

This item shall govern the valves furnished and installed as indicated on the Drawings. Unless otherwise indicated on the Drawings, all valves 4 inches (102 mm) and larger shall be AWWA-type valves of suitable design and fully equipped for service buried in the earth, without need for further modification and shall be wrapped with 8-mil (0.2 mm) polyethylene film with all edges and laps securely taped to provide a continuous wrap. For reclaimed water piping, the polyethylene film shall be purple. Where not indicated, the Contractor may use valves with any type end-joint allowed for fittings of the pipe class being used. Unless otherwise indicated on the Drawings, all valve stems shall be adjusted to situate the operating nut not more than 24 inches (0.6 meters) below the proposed ground or paving surface of the finished project. Laydown valves shall not be used unless indicated otherwise on the Drawings by call out. Standard details shall not be an indicator of options. This specification is applicable for projects or work involving either inch-pounds or SI units. Within the text, inch-pound units are given preference followed by SI units shown within parentheses.

511S.2 Materials

The Contractor shall submit descriptive information and evidence that the materials and equipment the Contractor proposes for incorporation in the Work is of the kind and quality that satisfies the specified functions and quality. The City of Austin Water and Wastewater Utility Standard Products Lists (SPL) are considered to form a part of these Specifications. Contractors may, when appropriate, elect to use products from the SPL; however, submittal to the Engineer/Architect (E/A) is still required. If the Contractor elects to use any materials from these lists, each product shall be completely and clearly identified by its corresponding SPL number when making the product submittal. This will expedite the review process in which the E/A, and, if necessary, the Water and Wastewater Utility Standard Products Committee, decide whether the products meet the Contract requirements and the specific use foreseen by the E/A in the design of this engineered Project.

The SPL’s should not be interpreted as being a pre-approved list of products necessarily meeting the requirements for a given construction Project. Items contained in the SPL cannot be substituted for items shown on the Drawings, or called for in the specifications, or specified in the Bidding Requirements, Contract Forms and Conditions of Contract, unless approved by the E/A in conjunction with the Water and Wastewater Utility Standard Products Committee. The Standard Product List current at the time of plan approval will govern. A) Samples, Inspection and Testing Requirements: All tests and inspections called for by the applicable standards shall be performed by the

manufacturer. Upon request, results of these tests shall be made available to the purchaser.

B) Other Requirements: Each submittal shall be accompanied by:

1) Complete data covering:

a). the operator, including type and size, model number, etc.,

b). the name and address of the manufacturer's nearest service facility,



c). the number of turns to fully open or close the valve.

2) Detailed instructions for calibrating the limit stops for open and closed positions, and 3) Any other information that may be necessary to operate and maintain the operator. 4) Complete dimensional data and installation instructions for the valve assembly as it is to be installed, including the operator. 5) Complete replacement parts lists and drawings, identifying every part for both the valve

and operator.

511S.3 Valves

A) Iron-Body Gate Valves

Resilient-seated gate valves for potable or reclaimed service, including tapping valves, shall conform to AWWA C-509 and Standard Products List item WW-282.

Reduced-wall, resilient-seated gate valves for potable or reclaimed service, including tapping valves, shall conform to AWWA C-515 and Standard Products List item WW-700,

Metal-seated gate valves for potable or reclaimed service, including tapping valves, shall conform to AWWA C-500 and Standard Products List item WW-132.

1) Stem Seals: All valves shall have approved O-ring type stem seals. At least two O-rings

shall be in contact with the valve stem where it penetrates the valve body. 2) Operation: All valves shall have non-rising stems with a 2" (50 mm) square operating

nut, or with a spoke type handwheel when so ordered, turning clockwise to close. 3) Gearing: Gate valves in 24 inch (610 mm) and larger sizes shall be geared and, when

necessary for proper bury depth and cover, shall be the horizontal bevel-geared type enclosed in a lubricated gear case.

4) Bypass: Unless otherwise indicated on the Drawings, 16 inch (406 mm) and larger

metal-seated gate valves shall be equipped with a bypass of the non-rising stem type which meets the same AWWA standard required for the main valve.

5) Valve Ends: Valve ends shall be push-on, flanged or mechanical joint, as indicated or

approved.

Tapping valves shall have inlet flanges conforming to MSS SP-60, with boltholes drilled per ANSI B16.1 Class 125. Seat rings and body casting shall be over-sized as required to accommodate full size cutters; the outlet end shall be constructed and drilled to allow the drilling machine adapter to be attached directly to the valve.

6) Gear Case: All geared valves shall have enclosed gear cases of the extended type,

attached to the valve bonnet in a manner that makes it possible to replace the stem seal without disassembly and without disturbing the gears, bearing or gear lubricant. Gear cases shall be designed and fabricated with an opening to atmosphere so that leakage past the stem seal does not enter the gear case.

7) Valve Body: Double disc gate valves in 16 inch (406 mm) and larger sizes installed in the horizontal position shall have bronze rollers, tracks, scrapers, etc. For reclaimed water valves, the body shall be manufactured in purple, factory painted purple, or field painted purple.



B) Butterfly Valves: Unless otherwise indicated, all valves shall conform to the current "AWWA" Standard C-504,

"Rubber-Seated Butterfly Valves", Class 150B, except as modified or supplemented herein.

1) Functional Requirements

a). Valves shall be the short body design and shall have flanged connections on both ends unless otherwise called for.

b). Valves shall be of such design that the valve discs will not vibrate or flutter when

operated in a throttled position. Valve discs shall be secured to the shafts by means of keys or pins so arranged that the valve discs can be readily removed without damage thereto. All keys and pins used in securing valve discs to shafts shall be stainless steel or monel. Valve discs shall be stainless steel or ductile iron, ASTM A 536, Grade 65-45-12 (448-310-12); seating edge shall be stainless steel or other corrosion resistant material.

c). Valve shafts shall be constructed of wrought stainless steel or monel. The ends of the

shaft shall be permanently marked to indicate the position of the disc on the shaft.

d). All buried valves shall have approved manufacturer's O-ring type or split V type "Chevron" shaft seals. When O-ring seals are used, there shall be at least two O-rings in contact with the valve shaft where it penetrates the valve body.

On 24 inch (635 mm) and larger valves, the seat shall be completely replaceable

and/or adjustable with common hand tools without disassembling the valve from the pipeline.

Rubber seats located on the valve disc shall be mechanically secured with stainless

steel retainer rings and fasteners. e). Unless otherwise indicated, valves shall be provided with manual operators with

vertical stems and 2 inches (50 mm) square operating nut turning clockwise to close and equipped with a valve disc position indicator. All keys or pins shall be stainless steel or monel. Buried valves shall have the valve stems extended or adjusted to locate the top of the operating nut no more than 24 inches (0.6 meter) below finish grade.

f). Unless otherwise indicated, motorized butterfly valves shall be equipped with

230/460 volt, 3-phase reversing motor operators, extended as required to locate the center line of the operator shaft approximately 4 feet to 4 feet, 6 inches (1.2 to 1.4 meters) above finish grade. Operators shall be equipped with cast iron or malleable iron manual override hand wheel with a valve position indicator, local push button controls, lighted status/position indicator, torque and travel limit switches and all switches, relays and controls (except external power and signal wiring) necessary for both local and remote operation.

2) Performance Requirements

a). Unless otherwise indicated, valve operators shall be sized to seat, unseat, open and close the valve with 150 psi (1 megapascal) shutoff pressure differential across the disk and allow a flow velocity of 16 feet (4.9 meters) per second past the disc in either direction.

b). Motorized valve motors shall be capable of producing at least 140 percent of the

torque required to operate the valves under conditions of maximum non-shock shutoff pressure without exceeding a permissible temperature rise of 1310F over



1040F ambient (55 degrees Celsius over 40 degrees Celsius ambient); they shall have a duty rating of not less than 15 minutes and shall be capable of operating the valve through 4 1/2 cycles against full unbalanced pressure without exceeding the permissible temperature rise. Motors shall be suitable for operating the valve under maximum differential pressure when voltage to motor terminals is 80 percent of nominal voltage. Motor bearings shall be permanently lubricated and sealed.

C) Ball Valves: Ball valves shall be brass, bronze, stainless steel or PVC as indicated on the Drawings or

Details or as approved by the Engineer or designated representative. D) Air-Vacuum Release Valves

1) Valves shall be combination air-release, air-vacuum units having small and large orifice

units contained and operating within a single body or assembled unit. The small orifice system shall automatically release small volumes of air while the pipe is

operating under normal conditions. The large air-vacuum orifice system shall automatically exhaust large volumes of air while the pipe is being filled and shall permit immediate re-entry of air while being drained.

Valves shall be rated for at least 150 psi (1 megapascal) {maximum} normal service

pressure. 2) Material Requirements

Valve exterior bodies and covers shall be cast iron or reinforced nylon. Internal bushings, hinge pins, float guide and retaining screws, pins, etc., shall be stainless steel, bronze, nylon or Buna-N rubber. Orifice seats shall be Buna-N rubber. Floats shall be stainless steel, nylon or Buna-N rubber, rated at 1000 psi (6.9 megapascals).

Unless otherwise indicated, these valves shall be as included in the Standard Products List (SPL WW-367 for water, WW-462 for wastewater force mains).

E) Fire Hydrants

All fire hydrants shall be Dry Barrel, Traffic Model (break-away), Post Type having Compression Type Main Valves with 5 1/4" (133 mm) opening, closing with line pressure. Approved models are listed on SPL WW-3 of the Water and Wastewater Utility Standard Products List.

1) Applicable Specifications AWWA C-502 current: "AWWA Standard for Dry-Barrel Fire Hydrants". NFPA 1963: "National (American) Standard Fire Hose Coupling Screw Thread" and City

of Austin 4 inch (102 mm) Fire Hose Connection Standard (Available upon request from the Austin Water Utility’s Standards Committee Chairperson at 972-0204).

ANSI A-21.11 current: "American National Standard for Rubber Gasket Joints for Cast

Iron and Ductile Iron Pressure Pipe and Fittings".

2) Functional Requirements



Design Working Pressure shall be 200 psi (1.38 megapascals) and a test pressure of 400 psi (2.76 megapascals).

Inlet shall be side connection hub end for mechanical joint (ANSI A-21.11-current). Shoe

shall be rigidly designed to prevent breakage. Lower Barrel shall be rigid to assure above ground break at traffic feature. Bury length of

hydrant shall be four (4) feet (1.2 meters) minimum, five (5) feet (1.5 meters) maximum (hydrant lead pipe may be elbowed up from main using restrained joints; flanged joints in lead pipes are not allowed). Flange type connections between hydrant shoe, barrel sections and bonnet shall have minimum of 6 corrosion resistant bolts.

Hydrant Main Valve shall be 5 1/4 inch (133 mm) I.D. Valve stem design shall meet requirements of AWWA C502, with Operating Nut turning clockwise to close. Operating Nut shall be pentagonal, 1 1/2 inch (38 mm) point to flat at base, and 1 7/16 inches (36.5 mm) at top and 1 inch (25 mm) minimum height. Seat ring shall be bronze (bronze to bronze threading), and shall be removable with lightweight stem wrench. Valve mechanisms shall be flushed with each operation of valve; there shall be a minimum of two (2) drain ports. Traffic Feature shall have replaceable breakaway ferrous metal stem coupling held to stem by readily removable type 302 or 304 stainless steel fastenings. Breakaway flange or frangible lugs shall be designed to assure aboveground break. Breakaway or frangible bolts will not be acceptable. Outlet Nozzles shall be located approximately 18 inches (450 mm) above ground. Each hydrant shall have two (2) 2 1/2 inch (63.5 mm) nozzles 180 degrees apart with National (American) Standard Fire Hose Coupling Screw Thread NFPA 1963 and one (1) 4 inch (102 mm) pumper nozzle with City of Austin standard thread–six (6) threads per inch (25 mm) "Higbee" cut, 4.8590 inch (123.4 mm) O.D., 4.6425 inch (117.9 mm) root diameter. Nozzles shall be threaded or cam-locked, O-ring sealed, and shall have type 302 or 304 stainless steel locking devices. Nozzle caps (without chains) and cap gaskets shall be furnished on the hydrant. The cap nut shall have the same configuration as the operating nut. Hydrants shall be Dry-Top Construction, factory lubricated oil or grease with the lubricant plug readily accessible. The system shall be described for City approval.

A blue Type II-B-B reflectorized pavement marker, conforming to Standard Specification Item No. 863S, shall be placed 2 to 3 feet (0.6 to 0.9 meters) offset from the centerline of paved streets, on the side of and in line with, all newly installed fire hydrants. Hydrant shall have double O-ring seals in a bronze stem sheath housing to assure separation of lubricant from water and shall have a weather cap or seal, or both, as approved by the Owner, to provide complete weather protection.

3) Material Requirements All below ground bolts shall be corrosion resistant. The hydrant valve shall be Neoprene,

90-durometer minimum. The seat ring, drain ring, operating nut and nozzles shall be bronze, AWWA C-502 current, containing not over 16 percent zinc. Break-away stem coupling shall be of ferrous material; its retaining pins, bolts, nuts, etc. of type 302 or 304 stainless steel.

Coatings shall be durable and applied to clean surfaces. Exterior surfaces above ground

shall receive a coating of the type and color specified in the applicable version of City of Austin SPL WW-3. The coating shall be applied according to coating manufacturer's



specifications. Other exposed ferrous metal shall receive asphalt-based varnish, or approved equal, applied according to the coating manufacturer's specifications.

F) Pressure/Flow Control Valves: All control valves to regulate pressure, flow, etc., in City lines shall be models listed in the

City of Austin Water and Wastewater Standard Products List (SPL). G) Drain Valves: Drain valve materials and installation shall conform to City of Austin Standard Detail No.

511S-9A. H) Valve Stem Extensions:

Valve stem extensions shall consist of a single piece of the required length with a socket on one end and a nut on the other.

511S.4 Construction Methods

A) Setting Valves, Drains and Air Releases

Unless otherwise indicated, main line valves, drain valves and piping, air and vacuum release assemblies and other miscellaneous accessories shall be set and jointed in the manner described for cleaning, laying, and jointing pipe. Unless otherwise indicated, valves shall be set at the locations shown on the Drawings and such that their location does not confict with other appurtenances such as curb ramps. Valves shall be installed so that the tops of operating stems will be at the proper elevation required for the piping at the location indicated above. Valve boxes and valve stem casings shall be firmly supported and maintained, centered and aligned plumb over the valve or operating stem, with the top of the box or casing installed flush with the finished ground or pavement in existing streets, and installed with the top of the box or casing approximately 6 inches (150 mm) below the standard street subgrade in streets which are excavated for paving construction or where such excavation is scheduled or elsewhere as directed by the Engineer or designated representative. Drainage branches or air blowoffs shall not be connected to any sanitary sewer or submerged in any stream or be installed in any other manner that will permit back siphonage into the distribution system (see City of Austin "Standard Detail Drawings- Series 500/500S"). Every drain line and every air release line shall have a full sized independent gate valve flanged directly to the main. Flap-valves, shear gates, etc., will not be accepted.

B) Setting Fire Hydrants: Fire hydrants shall be located in a manner to provide accessibility and in such a manner that

the possibility of damage from vehicles or conflict with pedestrian travel will be minimized. Unless otherwise directed, the setting of any hydrant shall conform to the following:

Hydrants between curb and sidewalk on public streets shall be installed as shown on

Standard 511S-17, with outermost point of large nozzle cap 6" to 18" (150 mm to 450 mm) behind back of curb. Where walk abuts curb, and in other public areas or in commercial areas, dimension from gutter face of curb to outermost part of any nozzle cap shall be not less than 3 feet (0.9 meters), nor more than 6 feet (1.8 meters), except that no part of a hydrant or its nozzle caps shall be within 6 inches (150 mm) of any sidewalk or pedestrian ramp. Any fire hydrant placed near a street corner shall be no less than 20 feet (6 meters) from the curb line



point of tangency. Fire hydrants shall not be installed within nine feet (2.75 meters) vertically or horizontally of any sanitary sewer line regardless of construction.

All hydrants shall stand plumb; those near curbs shall have the 4-inch (102 mm) nozzle facing

the curb and perpendicular to it. The hydrant bury mark shall be located at ground or other finish grade; nozzles of all new hydrants shall be approximately 18 inches (450 mm) above grade. Lower barrel length shall not exceed 5 feet (1.5 meters). Barrel extensions are not permitted unless approved by the Engineer or designated representative. Each hydrant shall be connected to the main by 6-inch (152 mm) ductile iron pipe; a 6-inch (152 mm) gate valve shall be installed in the line for individual shutoff of each new hydrant.

Below each hydrant, a drainage pit 2 feet (0.6 meter) in diameter and 2 feet (0.6 meter) deep shall be excavated and filled with compacted coarse gravel or broken stone mixed with coarse sand under and around the bowl of the hydrant, except where thrust blocking is located (City of Austin Specification Item 510 and Standard Detail 510-6 and to a level 6 inches (150 mm) above the hydrant drain opening. The hydrant drainage pit shall not be connected to a sanitary sewer. The drain gravel shall be covered with filter fabric to prevent blockage of voids in the gravel by migration of backfill material. The bowl of each hydrant shall be well braced against unexcavated earth at the end of the trench with concrete thrust blocking (taking care not to obstruct the hydrant drain holes), or the hydrant shall be tied to the pipe with approved metal harness rods and clamps. The fire line shall be provided with joint restraint from the main line to the fire hydrant. Hydrants shall be thoroughly cleaned of dirt or foreign matter before setting. Fire hydrants on mains under construction shall be securely wrapped with a poly wrap bag or envelope taped into place. When the mains are accepted and placed in service the bag shall be removed.

C) Pressure Taps: Refer to Section 510.3 (24) of Standard Specification Item Number 510, "Pipe". D) Plugging Dead Ends

Standard plugs shall be inserted into the bells of all dead ends of pipes, tees or crosses and spigot ends shall be capped. All end plugs or caps shall be secured to the pipe conforming to Section 510.3 (22) of Standard Specification Item Number 510, "Pipe".

E) Protective Covering:

Unless otherwise indicated, all flanges, nuts, bolts, threaded outlets and all other steel component shall be coal tar coated and shall be wrapped with standard minimum 8-mil (0.2 mm) low density polyethylene film or a minimum 4-mil (0.1 mm) cross laminated high-density polyethylene meeting ANSI/AWWA Specification C-105-current, with all edges and laps taped securely to provide a continuous and watertight wrap. Repair all punctures of the polyethylene, including those caused in the placement of bedding aggregates, with duct tape to restore the continuous protective wrap before backfilling. For reclaimed water piping, the polyethylene shall be purple.

F) Valve Box, Casing and Cover:

Stems of all buried valves shall be protected by valve box assemblies. Valve box castings shall conform to ASTM A 48, Class 30B. Testing shall be verified by the manufacturer at the time of shipment. Each casting shall have cast upon it a distinct mark identifying the manufacturer and the country of origin. Valve boxes and covers for potable water shall be round. Valve boxes and covers for reclaimed water piping shall be square and shall have “Reclaimed Water” indicated on the lid.



G) Drain Valve Installations:

Refer to City of Austin Standards 511S-9A. H) Air Release Assemblies:

Refer to City of Austin Standards 511S-1A, 511S-1B, 511S-2A, 511S-2B, 511S-3A and 511S-3B. I) Pressure/Flow Control Valves:

Assemblies shall be installed as indicated. J) Connections to Existing System:

Refer to Item No. 510, "Pipe" for connections to the existing system. K) Shutoffs:

Refer to Item No. 510, "Pipe" for shutoffs.

511S.5 Measurement

All types of valves will be measured per each. Fire hydrants and drain valve assemblies will be measured per each. Fire Hydrant barrel extensions will be measured per vertical foot (meter: 1 meter equals 3.28 feet). Pressure/Flow control valve assemblies and both manual and automatic air release assemblies will be measured per each. Reflectorized pavement markers for identifying the location of newly installed fire hydrants shall be measured per each, as per Standard Specification Item No. 863S.7. Bury depths exceeding 5.5 feet (1.68 meters) are defined as Additional Bury Depths. Additional bury depths will only be measured if indicated on the Drawings and identified in the Standard Contract Bid Form 00300U; otherwise, the unit bid price for each completed unit includes all depths.

511S.6 Payment

Payment shall include full compensation, in accordance with the pay item established in the bid, for excavation, furnishing, hauling and placing valves, drain valve assemblies, fire hydrants and barrel extensions including anchorage and all incidental materials and work; preparing, shaping, dewatering, bedding, placing and compacting backfill materials and for all other incidentals necessary to complete the installation, as indicated in the Drawings, complete in place. Payment for iron fittings and for wet connections is covered in Section 510.6 of Standard Specification Item 510, “Pipe". Payment for excavation safety systems is covered in Section 509S.10 of Standard Specification Item 509S, Excavation Safety Systems.

A) Valves: Valves will be paid for at the unit bid price for the size and type valve installed, including

valve stem casing and cover, excavation and backfill, setting, adjusting to grade, anchoring in place, and other appurtenances necessary for proper operation.

B) Fire Hydrants: Fire Hydrants installation shall be paid for at the unit bid price, which includes all necessary labor and materials to set, adjust to grade and anchor the hydrant body, barrel extensions, concrete block, gravel drain, and other appurtenances necessary for proper operation; but shall not include pipe and valve between the main line and fire hydrant base.

C) Pressure or Flow Control Valve Assemblies: Pressure control and flow control valve assemblies will be paid for at the unit bid price, including box or vault, setting, adjusting to grade, anchoring in place,



adjusting the control device to the required conditions, providing other appurtenances necessary for proper operation, and placing in operation.

D) Drain Valve Assemblies: Drain valve installation shall be paid for at the unit bid price , which includes all necessary labor and materials to set, adjust to grade and anchor the bends, vertical piping, blind flange, joint restraint devices, concrete blocking, concrete pad, and other appurtenances necessary for proper operation; but shall not include pipe and valve between the main line and drain valve buried bend.

E) Manual Air Release Assemblies: Manual air release installations will be paid for at the unit bid price and shall include valves, fittings, pipe, tapping the main, box and cover, and other appurtenances necessary for proper operation.

F) Automatic Combination Air/Vacuum Release Valve Assembly: Automatic air-vacuum release

assemblies will be paid for at the unit bid price and will include the main line tap or outlet, all pipe, valves, fittings, box or vault and cover, and other appurtenances necessary for proper operation.

G) Additional Bury Depth: Additional bury depth will be paid for at the unit bid price, which will include

all work necessary to install units with bury depths exceeding 5.5 feet (1.68 meters).

H) Fire Hydrant Barrel Extensions: Hydrant barrel extensions will be paid for at the unit bid price which will include necessary hardware and rod extensions.

I) Reflectorized Pavement Markers: Pavement markers will be paid for at the unit bid price, which will

include necessary surface preparation and adhesive, as per Standard Specification Item No. 863S.8.

Payment, when included as a contract pay item, will be made under one of the following:

Pay Item No. 511S-A: Valves, ____________ Type, _____Diameter Per Each. Pay Item No. 511S-B: Fire Hydrants (See Standard No. 511S-17) Per Each. Pay Item No. 511S- C: Pressure or Flow Control Valve Assemblies Per Each. Pay Item No. 511S- D: Drain Valve Assemblies (See Standard No. 511S-9A) Per Each. Pay Item No. 511S- E: Manual Air Release Assemblies, ____Diameter Per Each. Pay Item No. 511S- F: Automatic Combination Air/Vacuum Release Valve Assembly,

_______ Diameter. Per Each. Pay Item No. 511S- G: Additional Bury Depth Per Vertical Foot.

Pay Item No. 511S-H: Fire Hydrant Barrel Extensions Per Vertical Foot

END SPECIFIC CROSS REFERENCE MATERIALS

Specification 511S, “Water Valves” City of Austin Standard Specification Items Designation Description Item No. 510 Pipe Section 510.3 (22) Pipe Anchorage, Support and Protection Section 510.3(24) Water System Connections City of Austin Standard Details Designation Description 511S-1A 25 mm (1”) – 76 mm (2”) Vented Air Release Valve Installation (Type I) 511S-1B 25 mm (1”) – 76 mm (2”) Non-Vented Air Release Valve Installation (Type I) 511S-2A Type II - 76 mm (3”) or Larger Vented Air/Vacuum Valve Installation



511S-2B Type II - 76 mm (3”) or Larger Non-Vented Air/Vacuum Valve Installation 511S-3A Type III - 76mm (3”) or Larger Vented Air/Vacuum Valve Installation 511S-3B Type III-76mm (3”) or Larger Non-Vented Air/Vacuum Valve Installation 511S-9A Drain Valve Assembly 511S-17 Standard Fire Hydrant Installation

SPECIFIC CROSS REFERENCE MATERIALS (Continued) Specification 511S, “Water Valves”

City of Austin W/WW Standard Products Designation Description WW-3 Standard Products List for Fire Hydrants WW-132 Standard Products List for Metal-Seated Gate Valves, AWWA C-500 WW-282 Standard Products List for Resilient-Seated Gate Valves, AWWA C-509 WW-367 Standard Products List for Air Release Valves for Water WW-462 Standard Products List for Air Release/Vacuum Relief Valves for Wastewater WW-700 Standard Products List for Resilient-Seated Gate Valves, AWWA C-515

ANSI/AWWA Standards Designation Description A-21.11 American National Standard for Rubber Gasket Joints for Cast Iron and

Ductile Iron Pressure Pipe and Fittings C-105 American National Standard for Polyethylene Encasement for Ductile-Iron

Pipe C-500 Metal-Seated Gate Valves for Water Supply Service C-502 Dry-Barrel Fire Hydrants C-504 Rubber-Seated Butterfly Valves C-509 Resilient Seated Gate Valves for Water and Sewerage Systems C-515 Reduced-Wall, Resilient-Seated Gate Valves For Water Supply Service ASTM Standards Designation Description ASTM A48/A48M Specification for Gray Iron Castings ASTM A 536 Specification for Ductile Iron Castings National Fire Protection Association (NFPA) 1963 National (American) Standard Fire Hose Coupling Screw Thread RELATED CROSS REFERENCE MATERIALS

Specification 511S, “Water Valves” City of Austin Standard Specification Items Designation Description Item No. 501S Jacking or Boring Pipe Item No. 503S Frames, Grates, Rings and Covers Item No. 505S Concrete Encasement and Encasement Pipe Item No. 506S Manholes Item No. 507S Bulkheads Item No. 508S Miscellaneous Structures and Appurtenances Item No. 509S Excavation Safety Systems

Current Version: January 4, 2016 Previous Versions: 08/18/10, 03/24/09, 08/22/08, 06/16/08, 06/03/03, 11/22/02 and 06/09/01

609S 01/04/16 Page 1 Native Grasslands Seeding and Planting

Item No. 609S Native Grassland Seeding and Planting for Erosion Control

609S.1 Description

This item shall govern the preparation of a seeding and planting area to the lines and grades indicated on the Drawings. This may include seedbed preparation, sowing of seeds, planting of rooted plants, watering, hydromulch, compost and other management practices, as indicated in the Drawings or as directed by the Engineer or designated representative.

This specification is applicable for projects or work involving either inch-pound or SI units. Within the text, inch-pound units are given preference with SI units shown within parentheses.

609S.2 Submittals

The submittal requirements for this specification item shall include: A. For seed, provide Identification of the species, source, mixture and pure live

seed (PLS) of the seed as listed on each seed bag to be used. Copies of the analysis tags and certification tags from all seed bags shall be submitted.

B. Type of mulch or compost. C. Watering frequency and amount as shown on an irrigation watering schedule. D. Type of management practices (e.g., hand weeding, pesticide application, etc.)

proposed, with a proposed schedule for observation and treatment. E. For hydromulch applications, the proposed application rate of seed, type of

mulch and tacking agent, and other relevant information. An example of the required documentation is in Table 1.

F. Type of hydraulic seeding equipment and nozzles proposed for use. G. If pesticide use is proposed, an IPM plan for pest control including pesticide

label, proposed application rate and timing, and MSDS sheets. H. One gallon sample of proposed mulch or compost. I. The following submittal items are required before Substantial Completion.

A. For hydromulch applications, submit the complete hydromulch application log, including date, time and quantity of product units placed in the slurry tank. An example of an application log is in Table 2. B. Pesticide and fertilizer application tracking log. As of January 1, 2012, documentation of all outdoor pesticide and fertilized use on city-owned properties is required to demonstrate compliance with the EPA/TCEQ mandated Municipal Stormwater Permit, the TPDES General Pesticide Permit, City Code, and the IPM program.



Table 1: Example of proposed hydromulch application rates

Table 2: Example of hydromulch application log

609S.3. Materials

A. Seed All seed must meet the requirements of the Texas Seed Law including the labeling requirements for showing PLS, name and type of seed, and all other required elements of the Analysis and Certification Tags. The seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within 12 months of the time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers, unless a specific mix is proposed for use. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Landscape Architect, Engineer or designated representative.

The amount of seed planted per square yard (.84 square meters) or acre (hectare) shall be of the type specified in section 609S.5.

B. Water. Water shall be clean and free of industrial wastes and other substances harmful to the growth of plant materials in the area irrigated.

C. Topsoil. Topsoil shall conform to Standard Specification Item No. 601S.3(A)

D. Pesticide. A least toxic, integrated pest management (IPM) approach shall be used to control weeds. A written request for approval of weed control product(s) and/or materials shall be submitted to the City of Austin Watershed Protection

Hydro Slurry Unit (per acre rates)

Hydro Mix

Sheet No.

S E C

Acres Seed (Bags/ac

Tackifier (Buckets/ac)

Mulch (Bales/ac)

Fertilizer (Bags/ac)

Addl. Amendment (Bags/ac)

1 L2 A 1.0 1 100 1000 50 5 2 L3 A 0.5 2 200 1500 50 5 3 L5 B 3.0 3 300 3000 50 5

Hydro Slurry Unit (per acre rates)

Date Start time

Finish time

ac/ Tank

Water (gal)

Seed Mix

Seed (Bags/ac)

Tackifier (Buckets

/ac)

Mulch (Bales

/ac)

Fertilizer (Bags /ac)

Addl. Amendment (Bags/ac)

4/13 10:30 11:15 1.0 3300 A 1 100 1000 50 5 4/17 2:00 2:30 0.5 3300 A 2 200 1500 50 5 5/20 8:30 10:00 1.2 3300 B 3 300 3000 50 5

http://austintech.amlegal.com/nxt/gateway.dll?f=id$id=Standard%20Specifications%3Ar%3A1c22$cid=texas$t=document-frame.htm$an=JD_Item601S$3.0#JD_Item601S



Department (ERM), IPM program coordinator for approval. Additional information can be found at http:/www.austintexas.gov/ipm.

E. Fertilizer. If fertilizer use is deemed necessary, the fertilizer shall conform to Standard Specification Item No. 606S, “Fertilizer.” The type and rate of fertilizer should be based on chemical tests of recent (no older than 6 months before application) representative site soil samples. Fertilizer should be applied only when plants can take them up for growth, during:

1) seed germination and plant establishment and 2) after plant establishment.

Fertilizer shall not be applied within 48 hours of a potential rain event.

F. Tackifier. The tacking agent shall be a biodegradable material approved by the Landscape Architect, Engineer, or designated representative.

G. Mulch. Mulch may be used to help prevent soil erosion until preferred plant establishment, whether the mulch be hydraulically applied or shredded vegetative matter. Hydromulching for temporary and permanent vegetation stabilization shall conform to Environmental Criteria Section 1.4.7.

H. Hydroseeding Equipment. Hydroseeding equipment shall be clean and free of all previous seeds, fertilizer, mulch, or any hydroseeding products used on prior jobs.

I. Rooted Plants. Where proposed, rooted plants shall conform to the requirements of Standard Specification 608S, Planting.

609S.4 Construction Methods

A. General.

The Contractor shall limit preparation to areas that will be seeded/planted immediately. All weedy species (Table 3) shall be controlled by application of a herbicide and/or by physical removal (by the roots) prior to, during the planting operation, and through establishment. The specified weedy species shall be maintained at ten (10) percent or less of total cover after seeding. Additionally, the Landscape Architect, Engineer, or qualified landscape professional may require removal of any plant species that appears to be out-competing seeded or planted species during construction or the establishment period.

Seeds and fruits of non-native woody invasive species should be separated from the rest of the removed plants before mulching or hauling off the material. It must be bagged and disposed of in a landfill to prevent unintentional reintroduction to the site or elsewhere.



Table 3: Weed List

Weed Type Botanical Name Common Name Summer Annual Herb Ambrosia spp. Ragweed

Perennial Grass Bothriochloa ischaemum K.R. Bluestem

Annual Grass Cenchrus spp. Sandbur

Herb Cnidoscolus texanus Bull Nettle

Perennial Grass Sorghum halapense Johnson Grass Perennial Grass Arundo donax Giant Cane Perennial Grass Phllostachys aurea Golden Bamboo

Vine Toxicodendron radicans Poison Ivy

Herb Urtica spp. Stinging Nettle Winter Annual Herb Rapistrum rugosum Bastard Cabbage Winter Annual Grass Bromus arvensis Japanese Brome Winter Annual Grass Lolium multiflorum Annual Ryegrass

Tree Triadica sebifera Chinese Tallow Tree Ligustrum sp. Privet Tree Melia azedarach Chinaberry Tree Lonicera japonica Japanese Honeysuckle

Shrub Nandina domestica Heavenly Bamboo Shrub Photinia sp. Photinia

B. Seed Bed Preparation.

After the designated seeding/planting areas have been rough graded, a suitable planting area shall be prepared. In areas where cut or fill is required, a minimum of 6 inches (150 mm) of topsoil (see Section 609S.3.C) shall be placed or use approved existing soil (that is not infested with invasive or noxious plant rootstock [e.g., Arundo donax rhizomes]) stockpiled over the entire planting area.

The topsoil or growing medium must be prepared so that compaction is appropriate for plant growth, and to achieve acceptable bulk density or hydrologic function. Ripper and subsoilers may be used to loosen compacted soil and roughen the surface. Disks, plows and excavator attachments are good for compaction reduction, roughening, and for incorporating amendments. If tracked machinery is used in seedbed preparation, cleat marks should run with the contour to prevent rills.

In areas with no soil disturbance, the weeds shall be eliminated and a minimum of 6 inches (150 mm) of topsoil, if none currently exists, shall be placed. The seedbed shall be prepared with limited irregularities, lumps or soil clods and the surface shall be raked or rolled to facilitate seed to soil contact.



Water shall be gently applied as required to prepare the seedbed before the planting operation either by broadcast seeding or hydraulic planting. Seeding shall be performed in accordance with the requirements hereinafter described.

C. Watering

All watering shall comply with City Code Chapter 6-4 (Water Conservation). Water the seeded/planted areas immediately after installation to achieve germination and a healthy stand of native plants that can ultimately survive without supplemental water.

Apply the water uniformly to the planted areas without causing displacement or erosion of the materials or soil.

Watering applications shall insure that the plantbed is maintained in a moist condition favorable for the growth of plant materials. Watering shall continue until minimum coverage is achieved and accepted by the Landscape Architect, Engineer or designated representative.

Watering may be postponed immediately after a half inch (12.5 mm) or greater rainfall on the site but shall be resumed before the soil dries out.

D. Cool Season Cover Crop. From September 15 to March 1, non-native and native seeding shall include a cool season cover crop at the rate specified in Tables 4, 5, or 6. Cool season cover crops are not permanent erosion control. If installed separately from the proposed seed mix, the cool season cover crops shall be mowed to a height of less than one (1) inch after March 1, and the area shall be re-seeded at the specified seeding rate for native warm-season species (March 1 to September 15).

609S.5 Native Grassland Seeding and Planting

Seeding and planting shall be performed in accordance with the requirements described below. The optimum depth for seeding shall be 1/4 inch (6 millimeters). Seed shall be applied by a method that achieves consistent distribution across a site and proper seed to soil contact (i.e. hand broadcasting, hydromulch, or drill method).

Rooted plants should be strategically and thoughtfully placed on a site. They need not be installed at a consistent, regular pattern across the plantable area(s) of a site but can be clustered or placed irregularly. The goal is to place the rooted plants where they will have the greatest or best effect or impact, and where there is sufficient space (e.g., root space, space off of utilities) and proper conditions (e.g., soil depth, moisture, light) for their long-term success. Installation of rooted plants shall comply with Standard Specification 608S, but rooted plants must not be spaced closer than three-feet (3') on center. Mulching around seed and rooted plants is not required, but it is a good technique for protecting plants



during germination and establishment. Figure 609S.5-1 is an example of rooted plant layout on a hypothetical site.

Figure 609S.5-1: Example of Rooted Plant Layout and Calculation

Rooted Plants such as trees, ornamentals, and shrubs are prohibited from being installed within fifteen (15) feet of any Austin Water Utility (AWU) infrastructure and/or within any easement dedicated for AWU infrastructure. Rooted plants such as grasses, succulents and/or ground cover are permitted within fifteen (15) of any AWU infrastructure and/or within any easement dedicated for AWU infrastructure.

Species substitution, when necessary due to availability, shall be approved by City of Austin representative including Environmental Reviewer, Environmental Inspector, or Watershed Protection Department representative. Only native or adapted species suitable for the designated environmental conditions shall be allowed as substitutes. Shorter growing natives such as Buffalograss should be sodded around manholes or other structures requiring higher visibility for access.

If the plant materials are being installed during the cool season (September 15 to March 1), a cool season cover crop species (as listed below) shall be included in the seed mix or installed separately.

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The seed and rooted plant mixtures shall be applied in accordance with appropriate growing environments (Upland Full Sun-Table 4, Upland Shade-Dappled-Table 5 and Facultative Moderate to High Moisture-Table 6). Grasses shall constitute 67 percent of the seed mix, with forbs comprising 33 percent. No species shall constitute more than 20% of a seed mix.

Table 4. Upland Species, Full Sun Areas

Type Common Name

Botanical Name

Recommended Application rate lbs/ac (kg/ha)

Rooted Plants Species, Diversity, Quantity & Size

Grass Seed Mix**

Buffalograss Buchloe dactyloides 24.0 (27.0)

A minimum of two (2) native species of small or large trees, and two (2) native species of shrubs with Very Low or Low (VL or L) water needs and Sun or Sun/Part Shade light needs as listed in the current Grow Green Native and Adapted Landscape Plants guidance document***. Plants must be a minimum size of 1-gallon (see Table 8, equivalency chart) and minimum of 1 plant per 100 square feet.

Blue Grama Bouteloua gracilis 10.0 (11.2)

Green Sprangletop

Leptochloa dubia 2.0 (2.2)

Sand Dropseed

Sporobolus cryptandrus 1.0 (1.1)

Galleta Pleuraphis jamesii 10.0 (11.2)

Canada Wild Rye

Elymus canadensis 10.0 (11.2)

Purple Threeawn

Aristida purpurea 4.0 (4.5)

Sideoats Grama

Bouteloua curtipendula 7.0 (7.8)

Forb Seed Mix**

Bluebonnet Lupinus texensis 20.0 (22.4)

Purple Prairie Clover

Dalea purpurea 4.0 (4.5)

Plains Coreopsis

Coreopsis tinctoria 2.0 (2.2)

Partridge Pea

Chamaecrista fasciculata 20.0 (22.4)

Greenthread Thelesperma filifolium 6.0 (6.7)

Indian Blanket

Gaillardia pulchella 10.0 (11.2)

Lemon Mint Monarda citriodora 3.0 (3.4)



Mexican Hat Ratibida columnaris 2.0 (2.2)

Pink Evening Primrose

Oenethera speciosa 1.0 (1.1)

Sunflower (Common)

Helianthus annuus 5.0 (5.6)

Milkweed (Antelope Horn or Green

milkweed)

Asclepias asperula or Asclepias

viridis

0.1 (0.04)

Total Total recommended seed mix application rate is 35 lbs/ac (23.5 lbs/ac grass, 11.5

lbs/ac forbs).

Cool Season Cover

Grasses

Cereal rye grain*

Secale cereale 34.0 (38.1)

Add at least one of the cool season grasses to the warm-season mix between September 15 and March 1.

Oats* Avena sativa 4.0 (4.5)

Western Wheatgrass*

Pascopyrum smithii 5.6 (6.3)

* Plant only between. September 15 to March 1. Non-persistent winter cover crop for erosion control. Only one cool season species is required per installation.

** Any unavailable species can be substituted with the same quantity of another species from this list or another species approved by an authorized City of Austin representative including Environmental Reviewer, Environmental Inspector, or Watershed Protection Department representative. The total pounds/acre (lbs/ac) of the proposed seed mix can be calculated based on the desired percentage of each seed in a mix.

*** www.austintexas.gov/department/grow-green/plant-guide

Table 5. Upland Species, Shade-Dappled Light Areas

Type Common Name Botanical Name Recommended Application rate lbs/ac (kg/ha)

Rooted Plants Species, Diversity, Quantity & Size

Grass Seed Mix***

Inland Seaoats**

Chasmanthium latifolium 12.0 (13.5) A minimum of two (2)

native species of small or large trees, and two (2) native species of shrubs with very low (VL), low (L), or low- medium (L-M) water

Canada Wildrye Elymus canadensis 10.0 (11.2)

Sideoats Grama Bouteloua curtipendula 7.0 (7.8)

http://www.austintexas.gov/department/grow-green/plant-guide



Forb Seed Mix***

Purple Coneflower

Echinacea purpurea 10.0 (11.2) needs and Sun /Part Shade

light needs as listed in the current Grow Green Native and Adapted Landscape Plants guidance document****. Plants must be a minimum size of 1-gallon (see Table 8, equivalency chart) and minimum of 1 plant per 100 square feet.

Lanceleaf Coreopsis

Coreopsis lanceolata 10.0 (11.2)

Scarlet Sage Salvia coccinea 8.0 (9.0) Drummond

Phlox Phlox

drummondii 8.0 (9.0)

Black-Eyed Susan Rudbeckia hirta 2.0 (2.2)

Cutleaf Daisy Engelmannia pinnatifida 18.0 (20.2)

Tall Aster Aster praealtus 1.0 (1.1) Illinois

bundleflower Desmanthus

illinoensis 15.0 (16.8)

Standing cypress

Ipomopsis rubra 6.0 (6.7)

Winecup Callirhoe involucrata 5 (5.6)

Milkweed (Butterfly Weed

or Showy Milkweed)

Asclepias tuberosa or Asclepias speciosa

0.1 (0.04)

Total Total recommended seed mix application rate is 35 lbs/ac (23.5 lbs/ac grass, 11.5 lbs/ac

forbs).

Cool Season Cover

Grasses

Cereal rye grain*** Secale cereale 34.0 (38.1) Add at least one of the cool

season grasses to the warm-season mix between September 15 and March 1.

Oats*** Avena sativa 4.0 (4.5)

Western Wheatgrass***

Pascopyrum smithii 5.6 (6.3)

** If unavailable replace with Prairie Wild Rye. *** Plant only between September 15 to March 1. Non-persistent winter cover crop for erosion

control. Only one cool-season species is required per installation. **** Any unavailable species can be substituted with the same quantity of another species from this

list or another species approved by an authorized City of Austin representative including Environmental Reviewer, Environmental Inspector, or Watershed Protection Department representative. The total pounds/acre (lbs/ac) of the proposed seed mix shall be calculated based on the desired percentage of each seed in a mix.

**** www.austintexas.gov/department/grow-green/plant-guide




Table 6. Facultative Species, Moderate - High Moisture Areas

Type Common Name Botanical Name Recommended Application rate lbs/ac (kg/ha)

Rooted Plants Species, Diversity,

Quantity & Size

Grass Seed Mix**

Big Bluestem Andropogon gerardii 8.0 (9.0)

A minimum of two (2) native species of small or large trees, and two (2) native species of shrubs with low (L), low-medium (L-M), or medium (M) water needs and Sun/Part Shade or Shade light needs as listed in the current Grow Green Native and Adapted Landscape Plants guidance document***. Plants must be a minimum size of 1-gallon (see Table 8, equivalency chart) and minimum of 1 plant per 100 square feet.

Big Muhuly (Lindhiemers)

Muhlenbergia lindheimeri 6.0 (6.7)

Bushy Bluestem Andropogon glomeratus 6.0 (6.7)

Eastern Gamagrass Tripsacum dactyloides 12.0 (13.5)

Indiangrass Sorghastrum nutans 6.0 (6.7)

Inland Seaoats Chasmanthium latifolium 12.0 (13.5)

Canada Wildrye Elymus canadensis 10.0 (11.2)

Sand Lovegrass Eragrostis trichodes 2.0 (2.2)

Switchgrass Panicum virgatum 4.0 (4.5)

Forb Seed Mix**

Black-Eyed Susan Rudbeckia hirta 2.0 (2.2)

Illinois Bundleflower Desmanthus illinoensis 15.0 (16.8)

Purple Prairie Clover Dalea purpurea 4.0 (4.5)

Clasping Coneflower Dracopis amplexicaulis 3.0 (3.4)

Plains Coreopsis Coreopsis tinctoira 2.0 (2.2)

Goldenrod Solidago altissima 1.0 (1.1)

Lazy Daisy Aphanostephus sp. 1.0 (1.1)

Lemon Mint Monarda citriodora 3.0 (3.4)

Sunflower (Common) Helianthus annuus 5.0 (5.6)

Sunflower (Maximilian) Helianthus maximiliana 4.0 (4.5)



Milkweed (common or Butterfly Milkweed)

Asclepias syriaca or Asclepia tuberosa

0.1 (0.04)

Total Total recommended seed mix application rate is 26.0 lbs/ac (17.0 lbs/ac grass, 9.0

lbs/ac forbs).

Cool Season Cover

Grasses

Cereal rye grain* Secale cereale 34.0 (38.1) Add at least one of the cool season grasses to the warm-season mix between September 15 and March 1.

Oats* Avena sativa 4.0 (4.5)

Western Wheatgrass* Pascopyrum smithii 5.6 (6.3)

* Plant only between September 15 to March 1. Non-persistent winter cover crop for erosion

control. ** Any unavailable species can be substituted with the same quantity of another species from this

list or another species approved by an authorized City of Austin representative including Environmental Reviewer, Environmental Inspector, or Watershed Protection Department representative. The total pounds/acre (lbs/ac) of the proposed seed mix can be calculated based on the desired percentage of each seed in a mix.

*** www.austintexas.gov/department/grow-green/plant-guide

Table 7. Rooted Plant Size Equivalents

Potential Substitute Equivalent To

Quantity Plant Size Quantity Plant Size 1 5-gallon 4 One-gallon 1 Two- or Three-gallon 2 One-gallon 4 4" pots or quarts 1 One-gallon 8 Plugs, live roots, saplings 1 One-gallon

Table 8. Seed Rate Calculation

Multiple species native seed mixes require careful calculations to ensure proper planting rates. The example below is for illustrative purposes only.

Species Seeding Rate (lbs/ac) Desired proportion of a species in the total mix (%)

Total quantity of seed in mix (lbs/ac)

Grass 1 7 .20 1.40

Grass 2 2 .20 0.40




Species Seeding Rate (lbs/ac) Desired proportion of a species in the total mix (%)

Total quantity of seed in mix (lbs/ac)

Grass 3 24 .20 4.80

Forb 1 10 .20 2.00

Forb 2 8 .20 1.60

TOTALS - - 1.0 (100%) 10.2

Table 9. Seed Calculation Worksheet

The amount of seed needed to be planted on a project shall be calculated before installation to ensure adequate seed is placed, and provided as a submittal. Table 9 is an example worksheet, followed by an example calculation. Information for calculation can be obtained from seed tags or the supplier.

Plant Group Desired Seeding Rate (lbs/ac)

PLS (pure live seed)

Bulk Rate (lbs/ac)

Seeding Area (ac)

Amt. of Seed to be Installed

(lbs) Grasses

Forbs

TOTAL

FORMULAS:

PLS (pure live seed) = (Purity × Germination) × 100. Can also use average PLS from seed tags.

Bulk Rate (lbs/ac) =Desired Seed Rate (lbs/ac)/PLS Amt. of Seed to be Installed (lbs) = Bulk Rate (lbs/ac) × Seeding Area (ac)

Example:

Plant Group

Desired Seeding Rate (lbs/ac)

PLS [pure live seed] (% decimal)

Bulk Rate (lbs/ac)

Seeding Area (ac)

Amt. of Seed to be Installed

(lbs) Grasses 131.00 0.81 161.73 1.50* 242.60

Forbs 65.34 0.87 75.10 1.50* 112.70

TOTAL 196.34 0.84 (ave.) 236.83 1.50 355.30

*Applied over the same 1.5 ac area.



609S.6 Management Practices

Management Practices include (1) weed management (pesticide application or mechanical removal) to so than 90 percent of the revegetation area is free of weeds listed in Table 3, (2) reseeding areas of poor germination to achieve coverage and height per 609S.8, with no bare areas greater than 10 s.f., and (3) replacement and replanting of rooted plants per 608S.5(O) [Plant Material Removal and Replacement] and 608S.7 (Acceptability of Plants).

Weeds, as defined in the Weed List (Table 3), shall be controlled in the most efficient manner possible. The timing of weed control may occur prior to soil disturbance, just before the installation of seed, and/or during the period of plant establishment. Weed control shall be introduced at one or all of these times, so that the greatest control is achieved. The preferred method of control is to remove weeds, either by physical or mechanical means, when the site is conducive (e.g. when the ground is moist) to this approach.

The entire root system of perennial weeds shall be removed to prevent re-sprouting. Table 9 provides management practices for woody invasive vegetation. Weeds may be controlled with an approved contact, systemic herbicide, provided the product is used with appropriate care and is applied in accordance with label instructions and the following guidelines:

1. Herbicide shall not be applied when the wind is greater than 8 mph (12.9 kph),

2. Herbicide shall not be applied when rainfall is expected within 24 hours,

3. Herbicide shall not contact surface water, i.e. creeks, rivers, and lakes,

4. Herbicide shall not contact desirable vegetation (a wicking method shall be used, if necessary, to accurately contact target weed only during application).

Table 10. Management Practices for Woody Invasive Vegetation

Before Seeding

Stems ≤1 inch Pull with weed wrench

Stems >1 inch Cut at base and spray stump with appropriate herbicide within five minutes. Bag and dispose of seeds and fruit in landfill.

After Seeding

Seedlings Hand pull

Sprouts Foliar application of appropriate herbicide

The Landscape Architect, Engineer or designated representative shall be consulted to determine appropriate weed control management when weeds are located in an environmentally sensitive location (e.g. near water or adjacent to a critical environmental feature).

https://www.municode.com/library/tx/austin/codes/standard_specifications_manual?nodeId=AUSTIN_TX_STANDARD_SPECIFICATIONS_TECHNICAL_MANUAL_SERIES_600ENEN_ITEM_NO._609SNASEPLRE1-4-16_609S.8ME

https://www.municode.com/library/tx/austin/codes/standard_specifications_manual?nodeId=AUSTIN_TX_STANDARD_SPECIFICATIONS_TECHNICAL_MANUAL_SERIES_600ENEN_ITEM_NO._608SPL9-26-12_608S.5COME

https://www.municode.com/library/tx/austin/codes/standard_specifications_manual?nodeId=AUSTIN_TX_STANDARD_SPECIFICATIONS_TECHNICAL_MANUAL_SERIES_600ENEN_ITEM_NO._608SPL9-26-12_608S.7ACPL



609S.7 - Reseeding/Replanting

At locations that fail to show an acceptable stand of planting for any reason during the initial seeding, repair and/or reseed, replant locations as determined by the Landscape Architect, Engineer or designated representative. A successful stand of grasses and forbs should exhibit the following: • Seedlings with vigorous green foliage; • Green leaves remaining throughout the summer, at least at the plant bases; • Uniform density, with grasses and/or forbs well intermixed; • Minimum of 95% cover; and • No patches of exposed soil greater than 10 s.f. in aerial extent.

The Owner or designated representative will inspect the seeding/planting during April of the calendar year following the year of initial seeding/planting and determine the necessity and extent of over seeding reseeding, or replanting required. Contractor shall ideally complete any required reseeding/replanting before May 15 of that year. This date may be extended if, in the opinion of the Owner and qualified landscape professional, the weather conditions before May 15 are not suitable for reseeding work. If the timing is bad, an annual cover crop can be over-seeded in a deficient area to temporarily provide coverage until a suitable time for seeding or planting perennial seed or rooted plants. If vegetation fails to grow and thrive, the soil must be tested to determine whether nutrient imbalances are responsible and, if so, an appropriate course of nutrient remediation (e.g., fertilizers, composts, topsoils, or other organic amendments) as recommended by a landscape professional must be implemented by the Contractor.

The Contractor shall meet the requirements for initial seeding and planting, including seeding method, seed mix, application rates, and slope texturing as applicable, unless otherwise agreed to in writing by the Owner and/or City staff. Corrected deficiencies will be re-inspected and approved by the Owner and designated representative, and final acceptance will be granted only upon satisfactory completion.

609S.8 Measurement

Work and acceptable material for Native Seed and Planting for Restoration will be measured by the square yard (square meter: 1 square meter equals 1.196 square yards) or by the acre (hectare: 1 hectare equals 2.471 acres), complete in place, so that all areas of a site that rely on vegetation for stability must be uniformly vegetated with a minimum of 95 percent total coverage with no bare areas exceeding 10 square feet (1.5 square meters) and a 1½ inch tall (40 millimeters) successful stand of plant materials. Ninety (90) percent of the overall planted area must be free of weeds listed in Table 3. Bare areas shall be re-prepared and reseeded as required by the Landscape Architect, Engineer or designated representative to develop an acceptable stand of vegetation.



609S.9 Payment

The work performed and materials furnished and measured will be paid for at the unit bid price for Native Grasslands and Planting For Restoration of the method specified on the Drawings.

The unit bid price shall include full compensation for furnishing all materials, including all topsoil, water, seed, or fertilizer or mulch and for performing all operations necessary to complete the work.

Payment will be made under one or more of the following pay items:

Pay Item No. 609S-A: Topsoil and Seedbed Preparation Per Square Yard.

Pay Item No. 609S-B: Topsoil and Seedbed

Preparation Per Acre.

Pay Item No. 609S-C: Native Seeding Per Square Yard.

Pay Item No. 609S-D: Native Seeding Per Acre.

Pay Item No. 609S-E: Rooted Plants Per each.

Pay Item No. 609S-F: Watering Per 1,000 Gallons (Kgal).

Pay Item No. 609S-G: Management Practices Per Square Yard.

Pay Item No. 609S-H: Management Practices Per Acre.

End



SPECIFIC CROSS REFERENCE MATERIALS Specification Item 609S "Native Grassland Seeding and Planting for Erosion Control"

City of Austin Standard Specifications Designation Description Item No. 130S Borrow Item No. 601S Salvaging and Placing Topsoil Item No. 606S Fertilizer

Bo

City of Austin Land Development Code Designation Description

Section 6-4 Water Conversation

RELATED CROSS REFERENCE MATERIALS Specification Item 609S “Native Grassland Seeding and Planting for Erosion Control”

City of Austin Standard Specifications

Designation Description Item No. 602S Sodding for Erosion Control Item No. 604S Seeding (Non-Native) for Erosion Control Item No. 605S Soil Retention Blanket Item No. 607S Slope Stabilization Item No. 608S Planting

Description

City of Austin Standards (Details) Standard No. Description 627S-1 Grass Lined Swale 62S7-2 Grass Lined Swale W/ Stone Center 633S-1 Landgrading

Texas Department of Transportation: Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges

Designation Description Item No. 160 Furnishing and Placing Topsoil Item No. 162 Sodding for Erosion Control Item No. 164 Seeding for Erosion Control Item No. 166 Fertilizer








Item No. 168 Vegetative Watering Item No. 169 Soil Retention Blanket Item No. 180 Wildflower Seeding Item No. 192 Roadside Planting and Establishment

Appendix A - Owner Provided Materials

CITY ENGINEER DATE

MAYORGEORGE HAEHN

CITY COUNCIL MEMBERSGEORGE HAEHN,LEE URBANOVSKY,WILEY HOPKINS,RAY BRYANT,PAUL DAUGEREAU,REMY FALLON,EVAN TURE,

MAYORPOSITION 1 AT-LARGESINGLE MEMBER DISTRICT CPOSITION 3 AT-LARGESINGLE MEMBER DISTRICT APOSITION 2 AT-LARGESINGLE MEMBER DISTRICT B

SHEET INDEXCOVER

GENERALG-1 - GENERAL NOTES (1)G-2 - GENERAL NOTES (2)

CIVILC-1 - LIFT STATION SITE PLANC-2 - LIFT STATION IMPROVEMENTS IC-3 - LIFT STATION DETAILS

HISTORICALH-1 - LIFT STATION PLAN AND DETAILSH-2 - LIFT STATION PLAN AND DETAILS NOTE & CALCULATIONS

ELECTRICALE-1 - LEGENDE-2 - 480V ONE-LINE DIAGRAM & PHOTOS IE-3 - PHOTOS II & DETAILS

DESNECIL

REENIGNELANOISSEF

OR

STATE O

SAXETF

P

CHARLES A. KUCHERKA

98388

GEN

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NO

TES

(1)

GENERAL NOTES:

1. CONTRACTOR SHALL NOTIFY THE PUBLIC WORKS DEPARTMENT 24 HOURS PRIOR TO STARTING CONSTRUCTION ORCLEARING OPERATIONS.

2. CONTRACTOR SHALL CALL "ONE CALL" AT 1-800-344-8377 FOR UTILITY LOCATIONS AT LEAST 48 HOURS PRIOR TOANY WORK IN CITY EASEMENTS OR STREET RIGHT OF WAYS.

3. THE BIDDER (CONTRACTOR AFTER AWARD) SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY OBSTACLES THATMAY IMPEDE OR PREVENT THE PROPER CONSTRUCTION OF THE PROJECT.

4. PORTIONS OF THE CONSTRUCTION OF THIS PROJECT AUTHORIZED BY PERMIT OR LICENSE AGREEMENT WILL BESUBJECT TO SUCH INSPECTION AND TESTS AS MAY BE DEEMED NECESSARY BY THE PERMIT GRANTINGAUTHORITIES. CONTRACTOR SHALL FURNISH INFORMATION TO AUTHORITIES AS REQUIRED. CONTRACTOR SHALLALSO FURNISH INCIDENTAL LABOR AND EQUIPMENT TO ALLOW TESTING PERSONNEL TO ACCESS THE WORK ANDCOOPERATE FULLY WITH THESE AUTHORITIES IN CONDUCTING THE TESTING AND INSPECTION PROGRAM. UNLESSSTATED OTHERWISE IN THE PLANS OR PROJECT MANUAL, COSTS OF TESTING WILL BE AS SPECIFIED IN SECTION00700 OF THE STANDARD SPECIFICATIONS.

5. THE PUBLIC WORKS DEPARTMENT SHALL ARRANGE A PRE-CONSTRUCTION MEETING NOT LESS THAN FOURTEEN(14) DAYS PRIOR TO BEGINNING CONSTRUCTION. CONTRACTOR SHALL NOTIFY INSPECTOR FORTY-EIGHT (48)HOURS IN ADVANCE OF BEGINNING ANY CONSTRUCTION IN THE R.O.W. OR IN EASEMENTS. CONTRACTOR SHALLNOTIFY INSPECTOR TWENTY-FOUR (24) HOURS IN ADVANCE OF MAKING ANY SUPPLEMENTARY CONNECTION ORCLOSING OFF ANY WATER OR WASTEWATER SERVICES TO PROPERTY OWNERS.

6. CONTRACTOR SHALL NOTIFY PRINCIPLES OF EACH OF THE FOLLOWING ENTITIES OF THE CONSTRUCTIONSCHEDULES AT LEAST TWO WEEKS IN ADVANCE OF PROPOSED CONSTRUCTION OPERATIONS. CONTRACTOR SHALLPROVIDE PERTINENT INFORMATION ABOUT LANE CLOSURES AND DETOURS AND ANY OTHER CONSTRUCTIONRELATED ACTIVITY WHICH MAY INTERFERE WITH NORMAL SERVICES.

BUDA FIRE DEPARTMENT (512) 268-8438 BUDA POLICE DEPARTMENT (512) 268-8438 HAYS CONSOLIDATED SCHOOL DISTRICT (512) 268-8438 U.S. POSTAL SERVICE (512) 295-4241

7. CONTRACTOR SHALL MAINTAIN THE JOB SITE IN A SAFE, NEAT, AND WORKMANLIKE MANNER AT ALL TIMES. JOBSITE SAFETY SHALL NOT BE COMPROMISED, ANY ATTRACTIVE NUISANCE SHALL BE REMOVED OR CAMOUFLAGEDBY CONTRACTOR WHEN DIRECTED BY THE OWNER OR ENGINEER. CONTRACTOR SHALL REMOVE OR CAMOUFLAGEANY CHILD ATTRACTIVE NUISANCE. AT THE END OF EACH DAY THE CONTRACTOR MUST REMOVE ALLCONSTRUCTION SPOILS AND EQUIPMENT FROM THE SITE.

8. THE ATTENTION OF ALL PROSPECTIVE BIDDERS IS DIRECTED TO STATE LAW (VERNON'S ANNOTATED TEXASSTATUTES, ARTICLE 1436(C)), AND THE NEED FOR EFFECTIVE PRECAUTIONARY MEASURES WHEN OPERATING INTHE VICINITY OF ELECTRICAL LINES. IF THE CONTRACTOR CHOOSES TO USE EQUIPMENT WITH THE POTENTIAL OFCOMING WITHIN THE DISTANCES PRESCRIBED BY STATUTE, THE CONTRACTOR IS RESPONSIBLE FOR THECOORDINATION OF THE WORK WITH THE APPROPRIATE ELECTRIC/UTILITY COMPANY.

9. ALL DAMAGE CAUSED BY THE CONTRACTOR DIRECTLY OR INDIRECTLY TO THE STREET SURFACE OR SUBSURFACEOUTSIDE OF THE PAVEMENT CUT AREA SHALL BE REGARDED AS A PART OF THE STREET CUT REPAIR. THISINCLUDES ANY SCRAPES, GOUGES, CUTS, CRACKING, DEPRESSIONS, AND/OR ANY OTHER DAMAGE CAUSED BY THECONTRACTOR DURING THE EXECUTION OF THE WORK. THESE AREAS WILL BE INCLUDED IN THE TOTAL AREA OFREPAIR. THE AREAS OF REPAIR NEAR UTILITY TRENCHES SHALL BE SAW CUT IN STRAIGHT, NEAT LINES PARALLEL TOTHE UTILITY TRENCH. ALL REPAIRS SHALL BE AT THE CONTRACTOR'S EXPENSE AND SHALL MEET ALL CITY TESTINGREQUIREMENTS AND SPECIFICATIONS.

10. ALL EXISTING SIDEWALKS, CURB AND GUTTER, DRIVEWAYS, LANDSCAPING, OR DRAINAGE FACILITIES DISTURBEDOR DAMAGED BY THE CONTRACTOR SHALL BE REMOVED AND RESTORED WITH MATERIALS EQUAL TO OR BETTERTHAN THE ORIGINAL AND SHALL BE AT THE CONTRACTOR'S EXPENSE.

11. BLASTING WITHIN THE PROJECT AREA WILL NOT BE ALLOWED.12. CONTRACTOR WILL MINIMIZE USE OF STREET PARKING BY HIS/HER EMPLOYEES AND SUBCONTRACTORS IN THE

VICINITY OF THE CONSTRUCTION AREA.13. CONTRACTOR WILL PROVIDE, INSTALL, AND MAINTAIN "LOCAL BUSINESS ACCESS" SIGNS AT EACH BUSINESS WHEN

LANE CLOSURES ARE IN PLACE. ACCESS SIGNS WILL NOT BE PAID FOR DIRECTLY, BUT WILL BE CONSIDEREDSUBSIDIARY TO TRAFFIC CONTROL ITEMS.

14. CONTRACTOR SHALL MAINTAIN PEDESTRIAN ACCESS ACROSS ALL INTERSECTIONS WITH EXISTING PEDESTRIANACCESS. MAINTAINING PEDESTRIAN ACCESS WILL BE CONSIDERED SUBSIDIARY TO TRAFFIC CONTROL ITEMS.

15. ALL RESPONSIBILITY FOR THE ADEQUACY OF THESE PLANS REMAINS WITH THE ENGINEER WHO PREPARED THEM.IN REVIEWING THESE PLANS, THE CITY OF BUDA MUST RELY ON THE ADEQUACY OF THE WORK OF THE DESIGNENGINEER.

16. THESE PLANS, PREPARED BY THE CITY OF BUDA DO NOT EXTEND TO OR INCLUDE DESIGNS OR SYSTEMS PERTAININGTO THE SAFETY OF THE CONSTRUCTION CONTRACTOR OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES IN THEPERFORMANCE OF THE WORK. THE SEAL OF THE REGISTERED ENGINEER(S) HEREON DOES NOT EXTEND TO ANYSUCH SAFETY SYSTEMS HAT MAY NOR OR HEREAFTER BE INCORPORATED INTO THESE PLANS.

17. CONTRACTOR TO COORDINATE INTERRUPTIONS OF ALL UTILITIES AND SERVICES. ALL WORK TO BE IN ACCORDANCEWITH THE REQUIREMENTS OF THE APPLICABLE UTILITY COMPANY OR AGENCY INVOLVED.

18. CONTRACTOR TO LOCATE, PROTECT, AND MAINTAIN BENCHMARKS, MONUMENTS, CONTROL POINTS, ANDPROJECT ENGINEERING REFERENCE POINT, REESTABLISH DISTURBED OR DESTROYED ITEMS BY REGISTERED PUBLICLAND SURVEYOR IN THE STATE OF TEXAS, AT NO ADDITIONAL COST TO OWNER.

19. CONTRACTOR TO CONTROL DUST CAUSED BY THE WORK AND COMPLY WITH POLLUTION CONTROL REGULATIONSOF GOVERNING AUTHORITIES. DUST CONTROL SHALL BE ACHIEVED BY THE APPLICATION OF WATER BY ANAPPROVED SPRINKLER IN AMOUNTS SUFFICIENT TO CONTROL THE DUST TO THE SATISFACTION OF THE ENGINEER(NO SEPARATE PAY).

20. ALL CONSTRUCTION OPERATIONS SHALL BE ACCOMPLISHED IN ACCORDANCE WITH APPLICABLE REGULATION OFTHE UNITED STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. (OSHA STANDARDS MAY BEPURCHASED FROM THE GOVERNMENTS PRINTING OFFICE; INFORMATION AND RELATED REFERENCE MATERIALSMAY BE PURCHASED FROM OSHA, 611 EAST 6TH STREET, AUSTIN, TX.)

21. ALL SITE WORK MUST ALSO COMPLY WITH ENVIRONMENTAL REQUIREMENTS.22. ALL EXCESS EXCAVATED MATERIAL AND SOIL IS TO BECOME PROPERTY OF CONTRACTOR AND TO BE REMOVED

FROM SITE. (NO SEPARATE PAY.)

23. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL DAMAGE TO PRIVATE PROPERTY, WHICH OCCURRED AS ARESULT OF ANY PORTION OF THIS PROJECT. ANY DAMAGE TO PRIVATE PROPERTY SHALL BE REPAIRED TO EQUALOR BETTER CONDITION. THE CONTRACTOR SHALL COORDINATE ALL REPAIRS TO PRIVATE PROPERTY WITH THEPROPERTY OWNER. CONTRACTOR SHALL PAY AND/OR SETTLE WITH PRIVATE PROPERTY OWNER FOR ALL COSTSRELATED TO ANY DAMAGE. THE CITY OF BUDA WILL NOT PROVIDE SEPARATE PAY FOR REPAIR OF ANY DAMAGES,REIMBURSEMENTS OR SETTLEMENTS.

24. THE CONTRACTOR'S ATTENTION IS CALLED TO THE FACT THAT ALL LOCATIONS USED FOR STORING CONSTRUCTIONEQUIPMENT, MATERIALS, AND STOCKPILES OF ANY TYPE WITHIN THE CONSTRUCTION LIMITS SHALL BE APPROVED,IN ADVANCE, BY THE OWNER'S REPRESENTATIVE. USE OF THE AREA WITHIN THE CONSTRUCTION LIMITS FOR THESEPURPOSES WILL BE RESTRICTED TO THOSE LOCATIONS WHERE DRIVER SIGHT DISTANCE TO BUSINESSES AND SIDESTREET INTERSECTIONS IS NOT OBSTRUCTED AND AT OTHER LOCATIONS WHERE AN UNSIGHTLY APPEARANCE, ASDETERMINED BY THE OWNER'S REPRESENTATIVE, WILL NOT EXIST.

25. THE CONTRACTOR SHALL FURNISH, INSTALL AND MAINTAIN BARRICADES, WARNING SIGNS, FLASHERS AND OTHERDEVICES OF THE TYPE AND SIZE AS INDICATED IN THE LATEST EDITION OF THE "TEXAS MANUAL ON UNIFORMTRAFFIC CONTROL DEVICES" OR AS DIRECTED BY THE ENGINEER.

26. IF CULTURAL RESOURCES ARE ENCOUNTERED DURING CONSTRUCTION (ARCHEOLOGICAL FINDINGS UNEARTHED)CONTRACTOR SHALL STOP WORK IN THAT AREA AND IMMEDIATELY CONTACT THE TEXAS HISTORICAL COMMISSIONAT (512) 463-6100.

27. ALL MATERIAL, EQUIPMENT, STAGING AND WORK WILL TAKE PLACE WITHIN THE LIMITS OF CONSTRUCTION (LOC).IF THE CONTRACTOR REQUIRES USE OF ANY AREAS OUTSIDE OF THE DESIGNATED LOC A WRITTEN REQUEST MUSTBE SUBMITTED TO THE PUBLIC WORKS DEPARTMENT AND APPROVAL OBTAINED BEFORE ANY WORK COMMENCES.

28. UTILITIES SHOWN REFLECT THE BEST INFORMATION AVAILABLE AT THE TIME THAT PROJECT WASDESIGNED/SURVEYED. THE CONTRACTOR SHALL CONTACT THE AUSTIN AREA "ONE CALL" SYSTEM AT1-800-344-8377 (DIG TESS) 48 HOURS PRIOR TO BEGINNING ANY EXCAVATION FOR EXISTING UTILITY LOCATIONS.

29. THE INFORMATION SHOWN ON THESE DRAWINGS INDICATING TYPE AND LOCATION OF UNDERGROUND, SURFACE,AND AERIAL UTILITIES IS NOT GUARANTEED TO BE EXACT OR COMPLETE. THE CONTRACTOR IS RESPONSIBLE FORDETERMINING THE EXACT TYPE AND LOCATION OF ALL UTILITIES AFFECTED BY CONSTRUCTION FOR THIS PROJECTIN ORDER TO AVOID DAMAGING THOSE UTILITIES. THE CONTRACTOR SHALL IMMEDIATELY ARRANGE FOR REPAIRAND RESTORATION OF CONTRACTOR-DAMAGED UTILITIES, AND THE CONTRACTOR SHALL PAY FOR SUCH REPAIRS.THE CONTRACTOR IS REQUIRED TO PERFORM SPOT POT HOLING AT HIS EXPENSE IN ADVANCE OF THE PROJECT TOVERIFY LOCATION OF UTILITIES.

30. UTILITY RELOCATION WORK HAS BEEN OR WILL BE ACCOMPLISHED TO CLEAR THE WORKSPACE. THE RELOCATIONSARE NOT REFLECTED IN THESE DRAWINGS.

31. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL COORDINATION BETWEEN HIMSELF AND OTHER CONTRACTORSAND UTILITIES IN THE VICINITY OF THIS PROJECT. THIS INCLUDES, BUT IS NOT LIMITED TO GAS, WATER,WASTEWATER, ELECTRICAL, TELEPHONE, COMMUNICATIONS NETWORKS, CABLE TELEVISION, PETROLEUMPIPELINES, AND STREET AND DRAINAGE WORK. ONCE THE CONTRACTOR BECOMES AWARE OF A POSSIBLECONFLICT, IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE CONSTRUCTION INSPECTOR WITHINTWENTY-FOUR (24) HOURS.

32. WHEN EXISTING WATERLINE SHUT OFF IS NECESSARY OR POSSIBLE, THE CONTRACTOR SHALL NOTIFY THECONSTRUCTION INSPECTOR, WHO WILL THEN NOTIFY PUBLIC WORKS. THE UTILITY REQUIRES A MINIMUM OFSEVENTY-TWO (72) HOURS ADVANCE NOTICE FOR ALL SHUT OFFS.

33. BEFORE DISCONNECTING ANY WASTEWATER AND/OR WASTEWATER SERVICE LINE, CONTRACTOR MUST PROVIDEAN ALTERNATE MEANS OF WASTEWATER CONVEYANCE FOR THE INTERRUPTED SECTION AT THE CONTRACTOR'SEXPENSE. ANY DAMAGE CAUSED BY BACK FLOW OF WASTEWATER SHALL BE REPAIRED AT THE CONTRACTOR'SEXPENSE.

34. THE CITY STANDARD CONSTRUCTION SPECIFICATIONS CURRENT AT THE TIME OF BIDDING SHALL COVER MATERIALAND METHODS USED TO DO THIS WORK.

35. AT LEAST 48 HOURS BEFORE BEGINNING ANY WATER AND WASTEWATER CONSTRUCTION IN PUBLIC R.O.W. ORPUBLIC EASEMENT, THE CONTRACTOR SHALL NOTIFY THE CITY OF BUDA PUBLIC WORKS.

36. NO OTHER UTILITY SERVICE/APPURTENANCES SHALL BE PLACED NEAR THE PROPERTY LINE, OR OTHER ASSIGNEDLOCATION DESIGNATED FOR WATER AND WASTEWATER UTILITY SERVICE THAT WOULD INTERFERE WITH THEWATER AND WASTEWATER SERVICES.

37. THE CITY SPECIFICATION ITEM 509S WILL BE REQUIRED AS A MINIMUM TRENCH SAFETY MEASURE.38. THRUST RESTRAINT SHALL BE IN ACCORDANCE WITH CITY STANDARD SPECIFICATION ITEM 510.3(22).39. ALL MATERIAL USED ON THIS PROJECT MUST BE LISTED ON THE STANDARD PRODUCTS LISTING. ANY MATERIAL

NOT LISTED HAS TO GO THROUGH THE CITY OF BUDA CITY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO STARTOF PROJECT. TESTING AND EVALUATION OF PRODUCTS ARE REQUIRED BEFORE APPROVAL WILL BE GIVEN ANYCONSIDERATION.

40. ALL RESPONSIBILITY FOR THE ADEQUACY OF THESE PLANS REMAINS WITH THE ENGINEER WHO PREPARED THEM.APPROVAL OF THESE PLANS BY THE CITY OF BUDA DOES NOT REMOVE THESE RESPONSIBILITIES.

41. REVIEW BY THE CITY OF BUDA WATER UTILITY APPLIES ONLY TO FACILITIES WITHIN PUBLIC STREETS OR PUBLICUTILITY EASEMENTS. ALL OTHER WATER AND WASTEWATER FACILITIES INSIDE PRIVATE PROPERTY ARE UNDER THEJURISDICTION OF BUILDING INSPECTION.

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SEQUENCE OF CONSTRUCTION:THE CONTRACTOR SHALL SUBMIT A DETAILED SCHEDULE OF CONSTRUCTIONWHICH COMPLIES WITH THE FOLLOWING SEQUENCE FOR THE PROJECT:

1. CONTRACTOR'S CONSTRUCTION SCHEDULE SHALL INDICATE THE START/END DATES FOR CONSTRUCTIONOF EACH PHASE OF WORK WITHIN EACH PROJECT AREA.

2. EROSION AND SEDIMENT CONTROLS SHALL BE INSTALLED PRIOR TO BEGINNING CONSTRUCTION IN EACHPROJECT AREA AND CONTROLS SHALL BE REMOVED UPON COMPLETION OF CONSTRUCTION ANDPERMANENT STABILIZATION IS ACCEPTED BY THE CITY.

CONTRACTOR SHALL CONTACT THE CITY OF BUDA'S ENGINEER (512-312-0084) A MINIMUM OF TWOWORKING DAYS IN ADVANCE OF BLOCKING TRAFFIC LANES AND A MINIMUM OF SIX WORKING DAYS INADVANCE OF SCHEDULED DETOURING OF TRAFFIC LANES

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TEXAS COMMISSION ON ENVIRONMENTAL QUALITYORGANIZED SEWAGE COLLECTION SYSTEM

GENERAL CONSTRUCTION NOTES(THESE ARE MINIMUM REQUIREMENTS AND MAY BE SUPERCEDED BY MORE STRINGENT REQUIREMENTS PROVIDED IN

THE PLANS AND SPECIFICATIONS)

1. THIS ORGANIZED SEWAGE COLLECTION SYSTEM MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITHTHE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY'S (TCEQ) EDWARDS AQUIFER RULES 30 TEXASADMINISTRATIVE CODE (TAC) §213.5(C), THE DESIGN CRITERIA FOR SEWERAGE SYSTEMS 30 TAC §217.1, 30 TAC§217.2, 30 TAC §217.3, AND 30 TAC §217.13, AND THE CITY OF KERRVILLE STANDARD SPECIFICATIONS.

2. ALL CONTRACTORS CONDUCTING REGULATED ACTIVITIES ASSOCIATED WITH THIS PROPOSED REGULATEDPROJECT MUST BE PROVIDED WITH COPIES OF THE SEWAGE COLLECTION SYSTEM PLAN AND THE TCEQ LETTERINDICATING THE SPECIFIC CONDITIONS OF ITS APPROVAL. DURING THE COURSE OF THESE REGULATEDACTIVITIES, THE CONTRACTORS MUST BE REQUIRED TO KEEP ON-SITE COPIES OF THE PLAN AND THE APPROVALLETTER.

3. PRIOR TO COMMENCING ANY REGULATED ACTIVITY, THE APPLICANT OR HIS AGENT MUST NOTIFY THE AUSTINREGIONAL OFFICE, IN WRITING, OF THE DATE ON WHICH THE REGULATED ACTIVITY WILL BEGIN.

4. ANY MODIFICATION TO THE ACTIVITIES DESCRIBED IN THE REFERENCED SCS APPLICATION FOLLOWING THE DATEOF APPROVAL MAY REQUIRE THE SUBMITTAL OF AN SCS APPLICATION TO MODIFY THIS APPROVAL, INCLUDINGTHE PAYMENT OF APPROPRIATE FEES AND ALL INFORMATION NECESSARY FOR ITS REVIEW AND APPROVAL.

5. THE TEMPORARY EROSION AND SEDIMENTATION CONTROLS MUST BE INSTALLED PRIOR TO INITIATING ANYOTHER CONSTRUCTION ACTIVITY AND MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THECONSTRUCTION PLANS. ALL TEMPORARY EROSION AND SEDIMENTATION CONTROLS MUST BE REMOVED WHENTHE CONSTRUCTION AREA IS STABILIZED.

6. THE SEWER LINE TRENCH DETAILS SHOWING THE CROSS SECTION WITH THE DIMENSIONS, PIPE PLACEMENT, ANDBACKFILL INSTRUCTIONS HAVE BEEN PROVIDED IN THESE PLANS. INCLUDED ON PLAN SHEETS DT-3 AND DT-4 OFTHESE PLANS. ALL SEWER PIPES JOINTS MUST MEET THE REQUIREMENTS IN 30 TAC §217.2(A)(3).

GRAVITY LINES MUST SHALL BE SDR 26 OR LESS. PRESSURIZED SEWER SYSTEMS MUST HAVE PIPE WITH AMINIMUM WORKING PRESSURE RATING OF 150 PSI.

THE ASTM, ANSI, OR AWWA SPECIFICATION NUMBERS FOR THE PIPE(S) AND JOINTS ARE REFER TO SPECIFICATIONS.

THE PIPE MATERIAL, THE PRESSURE CLASSES, AND THE SDR AND/OR DR DESIGNATIONS ARE REFER TOSPECIFICATIONS.

7. IF ANY SENSITIVE FEATURES ARE DISCOVERED DURING THE WASTEWATER LINE TRENCHING ACTIVITIES, ALLREGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MUST BE SUSPENDED IMMEDIATELY. THE OWNER MUSTNOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY INWRITING WITHIN TWO WORKING DAYS OF THE FEATURE DISCOVERED. THE APPLICANT MUST SUBMIT A PLANFOR ENSURING THE STRUCTURAL INTEGRITY OF THE SEWER LINE OR FOR MODIFYING THE PROPOSED COLLECTIONSYSTEM ALIGNMENT AROUND THE FEATURE. THE REGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MAYNOT PROCEED UNTIL THE EXECUTIVE DIRECTOR HAS REVIEWED AND APPROVED THE METHODS PROPOSED TOPROTECT THE SENSITIVE FEATURE AND THE EDWARDS AQUIFER FROM ANY POTENTIALLY ADVERSE IMPACTS TOWATER QUALITY WHILE MAINTAINING THE STRUCTURAL INTEGRITY OF THE LINE.

8. SEWER LINES LOCATED WITHIN OR CROSSING THE 5-YEAR FLOODPLAIN OF A DRAINAGEWAY WILL BE PROTECTEDFROM INUNDATION AND STREAM VELOCITIES WHICH COULD CAUSE EROSION AND SCOURING OF BACKFILL. THETRENCH MUST BE CAPPED WITH CONCRETE TO PREVENT SCOURING OF BACKFILL, OR THE SEWER LINES MUST BEENCASED IN CONCRETE. ALL CONCRETE SHALL HAVE A MINIMUM THICKNESS OF SIX (6) INCHES.

9. NO BLASTING IS PERMITTED.

10. ALL MANHOLES CONSTRUCTED OR REHABILITATED ON THIS PROJECT MUST HAVE WATERTIGHT SIZE ON SIZERESILIENT CONNECTORS ALLOWING FOR DIFFERENTIAL SETTLEMENT. IF MANHOLES ARE CONSTRUCTED WITHINTHE 100-YEAR FLOODPLAIN, THE COVER MUST HAVE A GASKET AND BE BOLTED TO THE RING. WHERE GASKETEDMANHOLE COVERS ARE REQUIRED FOR MORE THAN THREE MANHOLES IN SEQUENCE OR FOR MORE THAN 1500FEET, ALTERNATE MEANS OF VENTING WILL BE PROVIDED. BRICKS ARE NOT AN ACCEPTABLE CONSTRUCTIONMATERIAL FOR ANY PORTION OF THE MANHOLE.

THE DIAMETER OF THE MANHOLES MUST BE A MINIMUM OF FOUR FEET AND THE MANHOLE COVERS MUST HAVEA MINIMUM NOMINAL DIAMETER OF TWO FEET 2'-6". THESE DIMENSIONS AND OTHER DETAILS SHOWINGCOMPLIANCE WITH THE COMMISSION'S RULES CONCERNING MANHOLES AND SEWER LINE/MANHOLE INVERTSDESCRIBED IN 30 TAC 217.2(C)(5)(E) ARE INCLUDED IN THE CITY OF KERRVILLE STANDARD SPECIFICATIONS FORSUBDIVISION CONSTRUCTION.

IT IS SUGGESTED THAT ENTRANCE INTO MANHOLES IN EXCESS OF FOUR FEET DEEP BE ACCOMPLISHED BY MEANSOF A PORTABLE LADDER. WHERE STEPS ARE USED, THEY SHALL BE MADE OF A NON-CORROSIVE MATERIAL ANDBE IN ACCORDANCE WITH APPLICABLE OSHA SPECIFICATIONS.

11. WHERE WATER LINES AND NEW SEWER LINE ARE INSTALLED WITH A SEPARATION DISTANCE CLOSER THAN NINEFEET (I.E., WATER LINES CROSSING WASTEWATER LINES, WATER LINES PARALLELING WASTEWATER LINES, ORWATER LINES NEXT TO MANHOLES) THE INSTALLATION MUST MEET THE REQUIREMENTS OF 30 TAC §217.13(DESIGN OF SEWERAGE SYSTEMS) OR 30 TAC §290.44(E) (WATER HYGIENE).

12. WHERE SEWER LINES DEVIATE FROM STRAIGHT ALIGNMENT AND UNIFORM GRADE ALL CURVATURE OF SEWERPIPE MUST BE ACHIEVED BY THE FOLLOWING PROCEDURE WHICH IS RECOMMENDED BY THE PIPEMANUFACTURER: ____________________________

IF PIPE FLEXURE IS PROPOSED, THE FOLLOWING METHOD OF PREVENTING DEFLECTION OF THE JOINT MUST BEUSED: PIPE FLEXURE IS NOT ALLOWED.

SPECIFIC CARE MUST BE TAKEN TO ENSURE THAT THE JOINT IS PLACED IN THE CENTER OF THE TRENCH ANDPROPERLY BEDDED IN ACCORDANCE WITH 30 TAC §217.54.

THE TEST MAY BE STOPPED IF NO PRESSURE LOSS HAS OCCURRED DURING THE FIRST 25% OF THE CALCULATEDTESTING TIME. IF ANY PRESSURE LOSS OR LEAKAGE HAS OCCURRED DURING THE FIRST 25% OF THE TESTINGPERIOD, THEN THE TEST MUST CONTINUE FOR THE ENTIRE TEST DURATION AS OUTLINED ABOVE OR UNTILFAILURE. LINES WITH A 27-INCH AVERAGE INSIDE DIAMETER AND LARGER MAY BE AIR TESTED AT EACH JOINT.PIPE GREATER THAN 36 INCH DIAMETER MUST BE TESTED FOR LEAKAGE AT EACH JOINT. IF THE JOINT TEST ISUSED, A VISUAL INSPECTION OF THE JOINT MUST BE PERFORMED IMMEDIATELY AFTER TESTING. THE PIPE IS TOBE PRESSURIZED TO 3.5 PSI GREATER THAN THE PRESSURE EXERTED BY GROUNDWATER ABOVE THE PIPE. ONCETHE PRESSURE HAS STABILIZED, THE MINIMUM TIME ALLOWABLE FOR THE PRESSURE TO DROP FROM 3.5POUNDS PER SQUAREINCH GAUGE TO 2.5 POUNDS PER SQUARE INCH GAUGE MUST BE 10 SECONDS.

C. DEFLECTION TESTING. DEFLECTION TESTS MUST BE PERFORMED ON ALL FLEXIBLE PIPES.FOR PIPELINES WITH INSIDE DIAMETERS LESS THAN 27 INCHES, A RIGID MANDREL MUST BE USED TOMEASURE DEFLECTION.

FOR PIPELINES WITH AN INSIDE DIAMETER OF 27 INCHES AND GREATER, A METHOD APPROVED BY THE EXECUTIVEDIRECTOR MUST BE USED TO TEST FOR VERTICAL DEFLECTIONS. OTHER METHODS MUST PROVIDE A PRECISIONOF TWO TENTHS OF ONE PERCENT (0.2 %) DEFLECTION. THE TEST MUST BE CONDUCTED AFTER THE FINALBACKFILL HAS BEEN IN PLACE AT LEAST 30 DAYS. NO PIPE WILL EXCEED A DEFLECTION OF FIVE PERCENT. IF A PIPESHOULD FAIL TO PASS THE DEFLECTION TEST, THE PROBLEM MUST BE CORRECTED AND A SECOND TEST MUST BECONDUCTED AFTER THE FINAL BACKFILL HAS BEEN IN PLACE AN ADDITIONAL 30 DAYS. THE TESTS MUST BEPERFORMED WITHOUT MECHANICAL PULLING DEVICES. THE DESIGN ENGINEER SHOULD RECOGNIZE THAT THIS ISA MAXIMUM DEFLECTION CRITERION FOR ALL PIPES AND A DEFLECTION TEST LESS THAN FIVE PERCENT MAY BEMORE APPROPRIATE FOR SPECIFIC TYPES AND SIZES OF PIPE. UPON COMPLETION OF CONSTRUCTION, THEDESIGN ENGINEER OR OTHER TEXAS LICENSED PROFESSIONAL ENGINEER APPOINTED BY THE OWNER MUSTCERTIFY, TO THE EXECUTIVE DIRECTOR, THAT THE ENTIRE INSTALLATION HAS PASSED THE DEFLECTION TEST. THISCERTIFICATION MAY BE MADE IN CONJUNCTION WITH THE NOTICE OF COMPLETION REQUIRED IN §217.1(E)(1) OFTHIS TITLE (RELATING TO GENERAL PROVISIONS). THIS CERTIFICATION MUST BE PROVIDED FOR THE COMMISSIONTO CONSIDER THE REQUIREMENTS OF THE APPROVAL TO HAVE BEEN MET.

I. THE RIGID MANDREL SHALL HAVE AN OUTSIDE DIAMETER (O.D.) EQUAL TO 95% OF THE INSIDE DIAMETER(I.D.) OF THE PIPE. THE INSIDE DIAMETER OF THE PIPE, FOR THE PURPOSE OF DETERMINING THE OUTSIDEDIAMETER OF THE MANDREL, SHALL BE THE AVERAGE OUTSIDE DIAMETER MINUS TWO MINIMUM WALLTHICKNESSES FOR O.D. CONTROLLED PIPE AND THE AVERAGE INSIDE DIAMETER FOR I.D. CONTROLLED PIPE,ALL DIMENSIONS SHALL BE PER APPROPRIATE STANDARD. STATISTICAL OR OTHER “TOLERANCE PACKAGES”SHALL NOT BE CONSIDERED IN MANDREL SIZING.

II. THE RIGID MANDREL SHALL BE CONSTRUCTED OF A METAL OR A RIGID PLASTIC MATERIAL THAT CANWITHSTAND 200 PSI WITHOUT BEING DEFORMED. THE MANDREL SHALL HAVE NINE OR MORE “RUNNERS”OR “LEGS” AS LONG AS THE TOTAL NUMBER OF LEGS IS AN ODD NUMBER. THE BARREL SECTION OF THEMANDREL SHALL HAVE A LENGTH OF AT LEAST 75% OF THE INSIDE DIAMETER OF THE PIPE. A PROVING RINGSHALL BE PROVIDED AND USED FOR EACH SIZE MANDREL IN USE.

III. ADJUSTABLE OR FLEXIBLE MANDRELS ARE PROHIBITED. A TELEVISION INSPECTION IS NOT A SUBSTITUTEFOR THE DEFLECTION TEST. A DEFLECTOMETER MAY BE APPROVED FOR USE ON A CASE BY CASE BASIS.MANDRELS WITH REMOVABLE LEGS OR RUNNERS MAY BE ACCEPTED ON A CASE BY CASE BASIS.

17. ALL MANHOLES MUST BE TESTED TO MEET OR EXCEED THE REQUIREMENTS OF 30 TAC §217.58.

18. ALL PRIVATE SERVICE LATERALS MUST BE INSPECTED AND CERTIFIED IN ACCORDANCE WITH 30 TAC§213.5(C)(3)(I). AFTER INSTALLATION OF AND, PRIOR TO COVERING AND CONNECTING A PRIVATE SERVICELATERAL TO AN EXISTING ORGANIZED SEWAGE COLLECTION SYSTEM, A TEXAS LICENSED PROFESSIONALENGINEER, TEXAS REGISTERED SANITARIAN, OR APPROPRIATE CITY INSPECTOR MUST VISUALLY INSPECT THEPRIVATE SERVICE LATERAL AND THE CONNECTION TO THE SEWAGE COLLECTION SYSTEM, AND CERTIFY THAT IT ISCONSTRUCTED IN CONFORMITY WITH THE APPLICABLE PROVISIONS OF THIS SECTION. THE OWNER OF THECOLLECTION SYSTEM MUST MAINTAIN SUCH CERTIFICATIONS FOR FIVE YEARS AND FORWARD COPIES TO THEAPPROPRIATE REGIONAL OFFICE UPON REQUEST. CONNECTIONS MAY ONLY BE MADE TO AN APPROVED SEWAGECOLLECTION SYSTEM.

PIPE DIAMETER (INCHES) MINIMUM TIME (SECONDS) LENGTH FOR MINIMUM (FEET) TIME FOR LONGER LENGTH(SECONDS)

6 340 398 0.855(L)

8 454 298 1.520(L)

10 567 239 2.374(L)

12 680 199 3.419(L)

15 850 159 5.342(L)

18 1020 133 7.693(L)

21 1190 114 10.471(L)

24 1360 100 13.676(L)

27 1530 88 17.309(L)

30 1700 80 21.369(L)

33 1870 72 25.856(L)

13. NEW SEWAGE COLLECTION SYSTEM LINES MUST BE CONSTRUCTED WITH "STUB OUTS" FOR THE CONNECTION OFANTICIPATED EXTENSIONS. THE LOCATION OF SUCH "STUB OUTS" MUST BE MARKED ON THE GROUND SUCH THATTHE LOCATION OF SUCH "STUB OUTS" CAN BE EASILY DETERMINED AT THE TIME OF CONNECTION OF THEEXTENSIONS. SUCH "STUB OUTS" MUST BE MANUFACTURED WYES OR TEES THAT ARE COMPATIBLE IN SIZE ANDMATERIAL WITH BOTH THE SEWER LINE AND THE EXTENSION. AT THE TIME OF ORIGINAL CONSTRUCTION, NEW"STUB-OUTS" MUST BE CONSTRUCTED SUFFICIENTLY TO EXTEND BEYOND THE EDGE(S) OF ANY STREET PAVEMENTUNDER WHICH THEY WILL PASS TO THE PROPERTY LINE. ALL "STUB-OUTS" MUST BE SEALED WITH A MANUFACTUREDCAP TO PREVENT LEAKAGE. EXTENSIONS THAT WERE NOT ANTICIPATED AT THE TIME OF ORIGINAL CONSTRUCTIONOR THAT ARE TO BE CONNECTED TO AN EXISTING SEWER LINE NOT FURNISHED WITH "STUB OUTS" MUST BECONNECTED USING A MANUFACTURED SADDLE AND IN ACCORDANCE WITH ACCEPTED PLUMBING TECHNIQUES.

IF NO STUB-OUT IS PRESENT AN ALTERNATE METHOD OF JOINING LATERALS IS SHOWN IN THE DETAIL ON SHEET OF. N/A

THE PRIVATE SERVICE LATERAL STUB-OUTS MUST BE INSTALLED AS SHOWN ON THE PLAN AND PROFILE SHEETS ONPLAN SHEET OF AND MARKED AFTER BACKFILLING AS SHOWN IN THE DETAIL ON PLAN SHEET OF . N/A

14. TRENCHING, BEDDING AND BACKFILL MUST CONFORM WITH 30 TAC §217.54. THE BEDDING AND BACKFILL FORFLEXIBLE PIPE MUST COMPLY WITH THE STANDARDS OF ASTM D-2321, CLASSES IA, IB, II OR III. RIGID PIPE BEDDINGMUST COMPLY WITH THE REQUIREMENTS OF ASTM C 12 (ANSI A 106.2) CLASSES A, B OR C.

15. SEWER LINES MUST BE TESTED FROM MANHOLE TO MANHOLE. WHEN A NEW SEWER LINE IS CONNECTED TO ANEXISTING STUB OR CLEAN-OUT, IT MUST BE TESTED FROM EXISTING MANHOLE TO NEW MANHOLE. IF A STUB ORCLEAN-OUT IS USED AT THE END OF THE PROPOSED SEWER LINE, NO PRIVATE SERVICE ATTACHMENTS MAY BECONNECTED BETWEEN THE LAST MANHOLE AND THE CLEANOUT UNLESS IT CAN BE CERTIFIED AS CONFORMING WITHTHE PROVISIONS OF 30 TAC §217.58.

16. ALL SEWER LINES MUST BE TESTED IN ACCORDANCE WITH 30 TAC §217.57. THE ENGINEER MUST RETAIN COPIES OFALL TEST RESULTS WHICH MUST BE MADE AVAILABLE TO THE EXECUTIVE DIRECTOR UPON REQUEST. THE ENGINEERMUST CERTIFY IN WRITING THAT ALL WASTEWATER LINES HAVE PASSED ALL REQUIRED TESTING TO THEAPPROPRIATE REGIONAL OFFICE WITHIN 30 DAYS OF TEST COMPLETION AND PRIOR TO USE OF THE NEW COLLECTIONSYSTEM. TESTING METHOD WILL BE:

A. INFILTRATION OR EXFILTRATION TESTS. THE TOTAL EXFILTRATION AS DETERMINED BY A HYDROSTATIC HEAD TEST,MUST NOT EXCEED 50 GALLONS PER INCH DIAMETER PER MILE OF PIPE PER 24 HOURS AT A MINIMUM TEST HEADOF TWO FEET ABOVE THE CROWN OF THE PIPE AT THE UPSTREAM MANHOLE. WHEN PIPES ARE INSTALLED BELOWTHE GROUNDWATER LEVEL AN INFILTRATION TEST MUST BE USED IN LIEU OF THE EXFILTRATION TEST. THE TOTALINFILTRATION, AS DETERMINED BY A HYDROSTATIC HEAD TEST, MUST NOT EXCEED 50 GALLONS PER INCHDIAMETER PER MILE OF PIPE PER 24 HOURS AT A MINIMUM TEST HEAD OF TWO FEET ABOVE THE CROWN OF THEPIPE AT THE UPSTREAM MANHOLE, OR AT LEAST TWO FEET ABOVE EXISTING GROUNDWATER LEVEL, WHICHEVER ISGREATER. FOR CONSTRUCTION WITHIN THE 25 YEAR FLOOD PLAIN, THE INFILTRATION OR EXFILTRATION MUST NOTEXCEED 10 GALLONS PER INCH DIAMETER PER MILE OF PIPE PER 24 HOURS AT THE SAME MINIMUM TEST HEAD. IFTHE QUANTITY OF INFILTRATION OR EXFILTRATION EXCEEDS THE MAXIMUM QUANTITY SPECIFIED, REMEDIALACTION MUST BE UNDERTAKEN IN ORDER TO REDUCE THE INFILTRATION OR EXFILTRATION TO AN AMOUNT WITHINTHE LIMITS SPECIFIED.

B. LOW PRESSURE AIR TEST. THE PROCEDURE FOR THE LOW PRESSURE AIR TEST MUST CONFORM TO THEPROCEDURES DESCRIBED IN ASTM C-828, ASTM C-924, ASTM F-1417 OR OTHER APPROPRIATE PROCEDURES, EXCEPTFOR TESTING TIMES. THE TEST TIMES MUST BE AS OUTLINED IN THIS SECTION. FOR SECTIONS OF PIPE LESS THAN36-INCH AVERAGE INSIDE DIAMETER, THE FOLLOWING PROCEDURE MUST APPLY UNLESS THE PIPE IS TO BE JOINTTESTED. THE PIPE MUST BE PRESSURIZED TO 3.5 PSI GREATER THAN THE PRESSURE EXERTED BY GROUNDWATERABOVE THE PIPE. ONCE THE PRESSURE IS STABILIZED, THE MINIMUM TIME ALLOWABLE FOR THE PRESSURE TODROP FROM 3.5 POUNDS PER SQUARE INCH GAUGE TO 2.5 POUNDS PER SQUARE INCH GAUGE MUST BE COMPUTEDFROM THE FOLLOWING EQUATION:

T={0.085 TIMES D TIMES K} OVER Q

WHERE:

T= TIME FOR PRESSURE TO DROP 1.0 POUND PER SQUARE INCH GAUGE IN SECONDSK= 0.000419 X D X L, BUT NOT LESS THAN 1.0D= AVERAGE INSIDE PIPE DIAMETER IN INCHESL= LENGTH OF LINE OF SAME SIZE BEING TESTED, IN FEETQ= RATE OF LOSS, 0.0015 CUBIC FEET PER MINUTE PER SQUARE FOOT INTERNAL SURFACE WILL BE

USED.

SINCE A K VALUE OF LESS THAN 1.0 WILL NOT BE USED, THERE ARE MINIMUM TIMES FOR EACH PIPE DIAMETER ASOUTLINED BELOW:

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1. THE INDICATED REQUIREMENTS ARE THE MINIMUM REQUIREMENTS AS REQUIRED BY THE TCEQ. IF CONFLICTS EXIST BETWEEN THESE NOTES AND AS SPECIFIED IN THE PLANS AND SPECIFICATIONS THE MOST STRINGENT REQUIREMENT SHALL SUPERSEDE AS DETERMINED BY THE ENGINEER.

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SITE PLAN APPROVAL SHEET OFFILE NUMBER APPLICATION DATEAPPROVED BY COMMISSION ON UNDER SECTIONOF CHAPTER OF THE CITY OF BUDA CODE.EXPIRATION DATE:CASE MANAGER:PROJECT EXPIRATION DATE:DWPZ DDZ

RELEASED FOR GENERAL COMPLIANCE: ZONINGREV.1 CORRECTION 1REV.2 CORRECTION 2REV.3 CORRECTION 3

FINAL PLAT MUST BE RECORDED BY THE PROJECT EXPIRATION DATE, IF APPLICABLE.SUBSEQUENT SITE PLANS WHICH DO NOT COMPLY WITH THE CODE AT THE TIME OF FILING,AND ALL REQUIRED BUILDING PERMITS AND/OR A NOTICE OF CONSTRUCTION (IF A BUILDINGPERMIT IS NOT REQUIRED).MUST ALSO BE APPROVED PRIOR TO THE PROJECT EXPIRATION DATE.

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ELECTRICAL BUILDING

ACCESS FROM TRANQUILITY MOUNTAIN

EXISTING SCADA CABINET

EXISTING 480 MOTORCONTROL CENTER

MANUAL TRANSFER SWITCH

GENERATORCONNECTION CABINET

REPLACE SUBMERSIBLE CABLETERMINATION CABINET

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EXISTING FLOWMETER MANHOLE

EXISTINGVALVE VAULT

APPROXIMATE LOCATION OFEXISTING SERVICEDISCONNECT SWITCH

EXISTING ODORCONTROL TANK

EXISTINGLIFT STATION

FLOWABLE FILL TO BEPUMPED UNDERFOUNDATIONSTO FILL VOIDS

NOTES:1. REFER TO SPECIFICATION 01010 FOR CONSTRUCTION SEQUENCING.

CONTRACTOR SHALL COORDINATE ALL SHUTDOWNS WITH THEBUDA MANAGEMENT STAFF.

2. SOME DIMENSIONS ARE ELEVATIONS RELATED TO EXISTINGSTRUCTURES WERE OBTAINED FROM PREVIOUS CONSTRUCTION/RECORD DRAWINGS. ALL EXISTING DIMENSIONS AND ELEVATIONSSHALL BE VERIFIED IN THE FIELD BY THE CONTRACTOR PRIOR TODEMOLITION AND ORDERING MATERIALS.

3. CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THELOCATION OF ALL EXISTING PIPING AND UTILITIES IN THECONSTRUCTION AREA. AT TIE-IN CONNECTION LOCATIONS. VERIFYEXISTING PIPING BEFORE FABRICATION OF NEW PIPING.

4. EXISTING ELECTRICAL AND INSTRUMENTATION SHALL BEPROTECTED DURING CONSTRUCTION.

5. ALL DISCHARGE PIPING WITHIN THE WET WELL SHALL BE FLANGEDD.I. AND ALL UNISTRUT, ANCHORS, SUPPORT SYSTEMS ANDFASTENING HARDWARE SHALL BE 316 STAINLESS STEEL.

6. MECHANICAL AND ELECTRICAL EQUIPMENT, SUPPORTS,ANCHORAGES, OPENINGS, RECESSES AND REVEALS NOT SOWN ONTHE DRAWINGS, BUT REQUIRED BY THE CONTRACT DOCUMENTS,SHALL BE PROVIDED.

7. EXISTING VALVES, GATES, AND CONSTRUCTION EXPANSION JOINTSMAY LEAK TO A CERTAIN EXTENT, CONTRACTOR SHALL PROVIDEMEANS AND EQUIPMENT NECESSARY TO CONTROL LEAKING WATERAS NEEDED TO PERMIT CONSTRUCTION.

8. ALL DEMOLISHED PIPING, APPURTENANCES, FITTINGS, SUPPORTS,AND EQUIPMENT ARE SUBJECT TO SALVAGE BY THE OWNER.OWNER WILL DECIDE IF THESE ITEMS SHALL BE DISPOSED OF BYTHE CONTRACTOR. ALL DISPOSED ITEMS WILL BE REMOVED FROMTHE SITE BY THE CONTRACTOR.

9. ANY EXISTING PIPING THAT IS AFFECTED BY THE NEWCONSTRUCTION OR PIPING INSTALLATION, UNLESS DEMOLISHEDAND REMOVED, SHALL BE RETURNED TO ORIGINAL OR BETTERCONDITION AT NO ADDITIONAL COST TO THE OWNER. PIPING REPAIRSHALL INCLUDE CONSIDERATION FOR BACKFILL, ENCASEMENT,SUPPORTS, RESTRAINTS, FITTINGS, VALVES, HEAT TRACINGS,INSULATION, AND ANY TYPICAL OR SPECIAL COATINGS THAT AREAPPLIED TO THE INTERIOR AND/OR EXTERIOR OF THE PIPING ANDITS APPURTENANCES.

10. ANY PLANT UTILITY AND PIPING, COMMUNICATION AND ELECTRICALOR INSTRUMENTATION WIRING AND CONDUIT DAMAGE DURINGCONSTRUCTION SHALL BE REPAIRED AND PLACED BACK IN SERVICEBY THE CONTRACTOR ON THE SAME DAY THAT THE DAMAGEOCCURRED. AFTER 24 HOURS OUT OF SERVICE, OWNER WILL HAVETHE OPTION OF HAVING THE REPAIRS MADE BY A SEPARATECONTRACTOR AND DEDUCTING THE COST OF SAID REPAIRS FROMTHE CONTRACT AMOUNT THROUGH THE PAY ESTIMATE.

11. CONTRACTOR SHALL REPAIR ANY EXISTING PAVEMENT DAMAGEDFOR PIPING OR BYPASS PUMPING INSTALLATION OR MODIFICATIONWORK.

12. IN LIEU OF CONTRACTOR PROVIDING SUPPORT FOR EXISTINGUTILITIES, THEY MAY TEMPORARILY RELOCATE THEM AWAY FROMTHE WORK AREA AND THEN REINSTALL THEM ONCE NEW PIPINGCONSTRUCTION IS COMPLETE. CONTRACTOR SHALL SUBMIT A PLANTO THE ENGINEER FOR REVIEW AND APPROVAL OF ANY PROPOSEDTEMPORARY UTILITY RELOCATION. TEMPORARY UTILITYRELOCATIONS SHALL BE ACCOMPLISHED AT NO ADDITIONAL COSTTO THE OWNER AND ASSOCIATED REQUIRED SHUTDOWNS SHALLADHERE TO SPECIFIED MAXIMUM ALLOWABLE DURATIONS.

13. THE CONTRACTOR IS RESPONSIBLE FOR DISCONNECTING AND RECONNECTING THE ELECTRICAL AND REMOVING THE EXISTINGPUMPS AS REQUIRED FOR CONSTRUCTION.

14. WORK BY OTHERS MAY BE OCCURRING WITHIN LIMITS OFCONSTRUCTION. CONTRACTOR MUST COORDINATE WITH OTHERS INTHE AREA FOR CONSTRUCTION STAGING AREAS TO NOT IMPEDECONSTRUCTION OF EITHER PROJECTS.

UPSTREAM MANHOLE FORBY-PASS PUMPING

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INSTALL A/C UNIT INELECTRICAL BUILDING;

REFER TO 3/DT-3 ANDELECTRICAL SHEETS FOR

ADDITIONAL INFORMATION

NOTES BY SYMBOL " "

1. RE: ELEC SHEETS FOR ADDITIONAL INFORMATION2. CONSTRUCTION STAGING AREA. HYDROMULCH SEED

AND REHABILITATE TO EXISTING CONDITION ORBETTER AFTER CONSTRUCTION

SITE PLAN APPROVAL SHEET OFFILE NUMBER APPLICATION DATE:APPROVED BY COMMISSION ON UNDER SECTIONOF CHAPTER OF THE CITY OF BUDA CODE.EXPIRATION DATE:CASE MANAGER:PROJECT EXPIRATION DATE:DWPZ DDZ



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REPLACE MANHOLECONCRETE COLLAR WITH CITYOF BUDA STANDARD 11005-1.

REFERENCE SHEET C-3.

RETROFIT EXISTING HATCHWITH SAFETY GRATING.

INSTALL PRESSURE GROUT ATCAVITIES UNDER LIFT STATIONAND ODOR CONTROLFOUNDATIONS.

REPLACE 8" RESTRAINED FLANGECOUPLING ADAPTER (1-EA)

REMOVE AND REPLACE EXISTINGMOTORIZED VALVE WITHNON-MOTORIZED GATE VALVE.ABANDON EXISTING ELECTRICAL FORBOTH ELECTRIC OPERATORS INACCORDANCE WITH ELECTRICAL CODE.

RECOAT ALL PIPING AND VALVESIN VALVE VAULT AS SPECIFIED.

CONTRACTOR TO REMOVE AND REPLACEGUIDE RAIL AND BRACKETS. MATERIALS TO BEPROVIDED BY OWNER PER APPENDIX A OFCONTRACT DOCUMENTS.

REPLACE KELLUM GRIPS ON ALL CABLES.

INSTALL FLANGED DUCKBILL VALVEON DRAIN PIPE. USE 316 S.S.HARDWARE AT FLANGE.

REMOVE AND REPLACE 8" D.I.PIPE WITH CL 350 DUCTILE IRONPIPE AND FITTINGS, FROM SPOOLTO PUMP BASE, INCLUDINGREDUCER AT PUMP BASE. FIELDVERIFY LENGTHS. COAT PIPING ASSPECIFIED. USE 316 SS HARDWAREAT FLANGES AND WRAP WITHWAX TAPE .

PREPARE AND COAT EXPOSEDSTEEL SLEEVES AND D.I.SPOOL. INSTALL EPOXYGROUT BETWEEN SPOOL ANDSLEEVE AND COAT EXPOSEDCONCRETE WITH EPOXYCOATING. (2-PLCS)

LIFT STATION - LOOKING SOUTHN.T.S.

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GNEL

AN

OISSEFOR

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SAXETF

PCH

ARLE

S A.

KU

CH

ERKA

9838

8

NOTES:1. THE INTENT OF THE PRESSURE GROUT IS TO FILL VOIDS UNDER THE FOUNDATIONS,

NOT TO LIFT OR LEVEL THE FOUNDATIONS. SOME EXCAVATION MAY BE REQUIRED INORDER TO PROVIDE ACCESS TO FULLY FILL VOIDS.

NOTES:1. CONTRACTOR MUST REMOVE ALL RAGS AND

DEBRIS FROM WET WELL AND OFF OF PUMPS.




6. 25, 2019

D. FOWLER

PUMP POWER & CONTROL CABLES

EXISTING PUMPS

EXISTING ELECTRICAL CONDUITSSEE ELECTRICAL DRAWINGS

~

316 STAINLESS STEELCHAIN SLING

EXISTING CABLE HOLDER.

REMOVE AND REPLACE ALL316 STAINLESS STEEL SPLIT

SLEEVE CABLE SUPPORT.INSTALL SLEEVES ON CABLES

WITHOUT SLEEVES.

LOOP ANY EXCESS CABLE AROUNDHOOKS PROVIDED ON CABLEHOLDER (EXCESS CABLE NOT

SHOWN LOOPED)

RETROFIT EXISTING HATCH WITHSAFETY GRATING.

INSTALL 316 S.S. WIREROPE TO BOTH PUMPS.LENGTH AND DIAMETERAS RECOMMENDED BYITT FLYGT.

PROPOSED

PROTECT EXISTING

REMOVE AND REPLACE GUIDE RAILS(MATERIALS TO BE PROVIDED BY OWNER PER

APPENDIX A OF THE CONTRACT DOCUMENTS.)

REMOVE ANDREPLACE EXISTING

DUCTILE IRON PIPING

PROVIDEFLYGT GRIP EYE(2 EACH)

DROP PIPE

CONCRETE FILLET

FINISHED GRADE

LOW LEVEL

CUT PIPE TO FOLLOWANGLE OF FILLET

MIN. DIMENSIONEQUAL TO PIPE DIA.

EXISTINGACCESS HATCH

HIGH LEVEL

OFF

PUMPEXTEND DROP PIPEBELOW LOW LEVEL

RELINER® STAINLESSSTEEL STRAPS SECUREDTO STRUCTURE WITHSTAINLESS FASTENERS @4' INTERVALS (MIN OF 2)

EXTERNAL PIPECOUPLER

DISCHARGE PIPE

INCOMING PIPE

RELINER® STAINLESSSTEEL STRAPS SECUREDTO STRUCTURE WITHSTAINLESS FASTENERS @4' INTERVALS (MIN OF 2)

DROP BOWLMOUNTINGPOSITION

RELINERâ INSIDE DROP BOWLSECURED WITH STAINLESSSTEEL FASTENERS

RELINERâ FORCE LINE HOOD

PUMP

ONPUMP

CASTING ADJUSTMENT

1100S-1

CITY OF AUSTINSTANDARD NO.

ADOPTED

THE ARCHITECT/ENGINEER ASSUMESRESPONSIBILITY FOR APPROPRIATE USEOF THIS STANDARD.

DEPARTMENT OF PUBLIC WORKS

SECTION A-A

SAW CUT SAW CUT

EXISTINGSURFACE

MANHOLE, PULLBOX,OR OTHER SIMILAR

STRUCTURE

EXISTING BASEMATERIAL

HMAC PAVEMENT SURFACE(SEE NOTE 4)

HMAC OPTION

MINIMUM THICKNESS9" (225 mm) PC CONCRETE

(ITEM 403S, CLASS A)

#5 (15M) REINFORCING BARIF PC CONCRETE IS USED.

6"(150 mm) MIN.

MINIMUM THICKNESS OF8" (200 mm) HMAC(ITEM 340S,TYPE C) OR7" (175 mm) PC CONCRETE(ITEM 403S, CLASS A)

DIR

ECTI

ON

OF

TRAF

FIC

LIMIT OF PAVEMENTREPAIR (SAW CUT) IFHMAC OPTION IS USED

STRUCTURE COVER

LIMIT OF CONCRETE ANDPAVEMENT CUT IFPC CONCRETE OPTIONIS USED

#5 (15M) REINFORCING BARIF PC CONCRETEOPTION IS USED.

6"(150 mm)

3"(75 mm)

A

A

PLAN OF STRUCTURE IN ROADWAY

PORTLAND CEMENT CONCRETE OPTION

MISCELLANEOUS REPAIRS AROUND UTILITY CASTINGS (UCM SECTION 5.8.3)

NOTES:

1. IF PC CONCRETE IS USED AROUND THE MANHOLE, THE CONCRETE SHALL BE REINFORCED WITH #5 (15M)BARS AS SHOWN. THE CONCRETE SHALL EXTEND TO EDGE OF SAW CUT PAVEMENT EDGE.

2. REQUIREMENTS FOR NEW MANHOLE CONSTRUCTION AND MINOR MANHOLE ADJUSTMENTS IN NEW,RECONSTRUCTION AND REPAVING PROJECTS ARE INCLUDED IN STANDARD NO. 506S-4 AND 506S-4A.

3. REQUIREMENTS FOR WATER VALVE ADJUSTMENTS ARE INCLUDED IN STANDARD DETAILS 511S-13A AND511S-13B.

4. REPLACEMENT HMAC SURFACE LAYER SHALL BE OF THE TYPE AND THICKNESS BASED ON FUNCTIONALCLASSIFICATION.

a) MIN. 2" (50 mm) HMAC TYPE "D" FOR TRENCH REPAIR IN LOCAL/RESIDENTIAL STREETS.b) MIN. 3" (75 mm) HMAC TYPE "C" FOR TRENCH REPAIR IN COLLECTOR/ARTERIAL STREETS. SEE ITEM

340S, SECTION 340S.4.

5. REFER TO UCM SECTION 5.8.3 FOR ADDITIONAL BACKFILL REQUIREMENTS.

RECORD COPY SIGNEDBY SAM ANGOORI 01/04/10

CV-

BUA-

DTL

01.D

WG

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CIVI

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STA

TIO

N D

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C-3

CK CJG

CJG

CAK

TYPICAL PUMP LIFTING & CABLING DETAIL ELEVATIONNOT TO SCALE

1C-3

NOTES:1. ALL HARDWARE WITHIN THE WET WELL MUST BE 316 S.S.

TYPICAL DROP BOWL INSTALLATIONNOT TO SCALE

2C-3

NOTES:1. CONTRACTOR TO INSTALL DROP BOWL PER MANUFACTURER'S RECOMMENDATION

FOR EXISTING FIBERGLASS WET WELL.2. ALL HARDWARE AND STRAPS MUST BE 316 S.S.

DE

SN

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KU

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9838

8

TYPICAL A/C UNIT INSTALLATIONNOT TO SCALE

3C-3

INSTALL A/C UNIT IN ELECTRICALBUIDLING-35 MBH COOLING-230V-18.2A-FRIEDRICH KUHL KCL36A30A ORAPPROVED EQUAL

NOTES:1. CONTRACTOR TO PROVIDE ALL ELECTRICAL REQUIRED TO INSTALL A/C UNIT.2. CONTRACTOR MUST FIELD VERIFY CLEAR OPENING FOR A/C INSTALLATION.




6. 25, 2019

D. FOWLER

UT-

BUA-

HIS

TOR

ICAL

.dw

g

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)

HIST

ORI

CAL

LIFT

STA

TIO

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AN

D DE

TAIL

S

H-1

CAK

CJG

CJG

CAK

NOTES:1. THIS RECORD/AS-BUILT DRAWING AND ALL THE EXISTING INFORMATION SHOWN WAS OBTAINED

FROM THE PROJECT ENTITLED "MEADOWS AT BUDA LIFT STATION & FORCE MAIN IMPROVEMENTS",DATED NOVEMBER 3, 2005 BY GRAY, JANSING & ASSOCIATES, INC. THIS DRAWING MAY NOT EXACTLYREFLECT THE CURRENT EXISTING CONDITIONS. THEREFORE, THE CONTRACTOR IS TO FIELD VERIFY THEEXISTING CONDITIONS PRIOR TO COMMENCING FULL SCALE DEMOLITION OR RENOVATION ACTIVITIES.FOLLOWING THE DISCOVERY VERIFICATIONS OF THE EXISTING FIELD CONDITIONS, SHOULDADJUSTMENTS BECOME A NECESSITY TO THE EXISTING OR PROPOSED SYSTEM (AS APPLICABLE). THEEXISTING DISCOVERED FIELD CONDITIONS MUST BE BROUGHT TO THE OWNER'S ATTENTION FOREXECUTION OF THE NECESSARY ADJUSTMENTS/MODIFICATIONS.

2. THIS DRAWING IS PROVIDED FOR REFERENCE ONLY.




6. 25, 2019

D. FOWLER

UT-

BUA-

HIS

TOR

ICAL

02.d

wg

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DETA

ILS,

NO

TES

& C

ALCU

LATI

ON

S

H-2

CAK

CJG

CJG

CAK

NOTES:1. THIS RECORD/AS-BUILT DRAWING AND ALL THE EXISTING INFORMATION SHOWN WAS OBTAINED

FROM THE PROJECT ENTITLED "MEADOWS AT BUDA LIFT STATION & FORCE MAIN IMPROVEMENTS",DATED NOVEMBER 3, 2005 BY GRAY, JANSING & ASSOCIATES, INC. THIS DRAWING MAY NOT EXACTLYREFLECT THE CURRENT EXISTING CONDITIONS. THEREFORE, THE CONTRACTOR IS TO FIELD VERIFY THEEXISTING CONDITIONS PRIOR TO COMMENCING FULL SCALE DEMOLITION OR RENOVATION ACTIVITIES.FOLLOWING THE DISCOVERY VERIFICATIONS OF THE EXISTING FIELD CONDITIONS, SHOULDADJUSTMENTS BECOME A NECESSITY TO THE EXISTING OR PROPOSED SYSTEM (AS APPLICABLE). THEEXISTING DISCOVERED FIELD CONDITIONS MUST BE BROUGHT TO THE OWNER'S ATTENTION FOREXECUTION OF THE NECESSARY ADJUSTMENTS/MODIFICATIONS.

2. THIS DRAWING IS PROVIDED FOR REFERENCE ONLY.




6. 25, 2019

D. FOWLER

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